Apostille of Foreign Divorce Decree in the Philippines

Marriage, which was made with the promise of forever, sometimes does not last. Going through a divorce is never easy, and the challenges can multiply when the divorce occurs in a foreign country, especially if you’re a Filipino citizen. Even though marriage has officially been declared null abroad through the issuance of a valid divorce decree, its finality is not instantly recognized in the Philippines and might still consider you married.

What is a Foreign Divorce Decree?

Divorce is generally not recognized in the Philippines, making it one of the few countries in the world where divorce is not legally available to its citizens. The Philippine Family Code explicitly states this under Executive Order No. 209, also known as the Family Code of the Philippines, which was signed into law in 1987.

Specifically, Article 1 of the Family Code defines marriage as a permanent union, emphasizing the country’s stance against divorce:

“Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code.”

Annulment

In the Philippines, the go-to legal remedy for couples who want to dissolve their marriage is through filing an Annulment. Unlike divorce, which ends a valid marriage, an annulment declares that the marriage was void from the start, as if it never happened. However, not just any marital issue can be grounds for annulment; the law sets specific conditions under which annulment can be pursued, such as:

Lack of parental consent: If one or both spouses were under 21 years old at the time of the marriage without proper parental consent.
Psychological incapacity: A recognized inability of one or both spouses to comply with the essential marital obligations.
Fraud, force, or intimidation: Situations where one party was tricked, coerced, or forced into the marriage.
Sexual incapacity or serious diseases: Undisclosed issues like impotence or severe sexually transmitted infections at the time of marriage.

The process can be lengthy, costly, and emotionally draining. Annulment requires specific legal grounds and a court’s approval, making it a more challenging route.

Judicial Recognition of Foreign Divorce Decree

While annulment remains the standard legal route for ending a marriage between Filipino citizens, there is an important exception involving foreign divorce decrees. A foreign judgment or divorce decree is a court decision issued by a foreign country. In the context of divorce, it legally terminates a marriage according to the laws of the country where the divorce was obtained. The recognition of foreign divorce in the Philippines is primarily governed by Article 26, Paragraph 2 of the Family Code of the Philippines, which states:

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

This provision allows a Filipino spouse to remarry if the foreign spouse obtains a divorce abroad, and such divorce is valid according to their national law. However, for the divorce to be recognized in the Philippines, it must go through judicial recognition by Philippine courts. Rule 39, Section 48 of the Rules of Court on “Effect of foreign judgments or final orders,” implies that the Regional Trial Courts shall hear and decide all petitions for Recognition of Foreign Judgment, Order or Decree of Divorce, regardless of any prayer by the petition for a court declaration of his/her capacity to remarry.

Having your Foreign Divorce Decree Apostilled: Why is it Important?

One of the key requirements for the recognition of a foreign divorce in the Philippines is to present an authenticated or apostilled divorce decree. Apostille is a certification under the Hague Apostille Convention that authenticates the origin of a public document, making it valid for use in another member country. In the Philippines, presenting an apostilled foreign divorce decree is important because

Ensures Legitimacy: An apostille serves as proof that the document is legitimate and was issued by a competent authority abroad, which is essential for Philippine courts to recognize the decree.
Speeds Up Legal Processes: Apostilled documents are recognized without the need for further authentication, reducing delays in court proceedings and helping you move forward faster.
Prevents Legal Issues: Having your divorce decree apostilled can prevent disputes or complications, such as questioning the validity of the divorce, which could impact your ability to remarry or settle property matters.
Compliance with Court Requirements: Philippine courts require apostilled documents to ensure they meet international standards, which is critical in judicial recognition proceedings.

For foreign records, a certification must accompany such records either an authentication or attestation issued by the Philippine Embassy abroad (for those countries who are not part of the Apostille Convention, it shall still be done through the process of Authentication Certification or Attestation/Embassy Legalization) or done through Apostille by the Department of Foreign Affairs (DFA), for countries who are part of the Apostille Convention.

The requirements that need to be submitted along with the petition are as follows:

Summary of the spouses’ marital history
Certified True Copy of the marriage certificate. This shall either be one that is registered in the local civil registrar in the Philippines or if the marriage was done abroad, the certificate registered with a consulate of the Philippine/ Philippine Consular.
Certified True Copy of the divorce decree. If it is issued in another language, the certificate shall be translated to English. Note, that this must be authenticated through Apostille.
Certified copy of the pertinent divorce law of the country where the foreign divorce decree was obtained. If it was issued in another language, it must thus be translated to English. The divorce decree must state that the parties have the capacity to remarry. It must also be authenticated through Apostille.
Proof of Philippine or foreign citizenship. This can be through a valid passport or a certificate of naturalization
Proof of citizenship of the spouse. This can be shown through a valid passport or through an authenticated proof of naturalization
Proof of residence
Birth certificates of children

Sounds Overwhelming? It doesn’t have to be!

FileDocsPhil is a trusted & leading partner for all your document authentication needs in the Philippines. Our team has extensive experience handling the apostille process, ensuring that your documents are authenticated and legalized.

Since the entire process involves multiple steps, the apostille should be approached diligently. Apostille services will vary depending on where you will use the document. We offer comprehensive apostille services to ensure your documents are processed quickly and efficiently.

Let FileDocsPhil Do the Work!

Need further information and assistance in Apostille of Foreign Divorce Decree? Talk to our team at FILEDOCSPHIL to know more about the requirements and process. Call us today at (+63) 917 149 2337 or send an email to info@filedocsphil.com or simply message us through the live chat for more information.