If I want to remarry or update my civil status in the Philippines after a divorce abroad, I must undergo a specific legal process. Under Philippine law, divorce is not locally available, but a Judicial Recognition of Foreign Divorce allows the state to acknowledge a dissolution granted in another country.
The Legal Basis: Article 26 of the Family Code
The second paragraph of Article 26 of the Family Code is the primary legal gateway. It states that if a marriage between a Filipino and a foreigner is validly celebrated, and a divorce is later obtained abroad by the alien spouse, the Filipino spouse shall have the capacity to remarry.
While the law originally focused on divorces initiated by the foreign spouse, the Supreme Court has since clarified that a divorce initiated by the Filipino spouse against a foreigner can also be recognized. This applies whether the divorce was obtained in the US, Japan, Korea, or any other country, provided it is valid under that nation's laws.
Estimated Costs of Judicial Recognition
The total cost can vary significantly based on the complexity of the case and the location of the court. In 2026, most straightforward cases fall within the range of ₱150,000 to ₱400,000 (approximately S$3,500 to S$9,500).
Breakdown of Major Expenses
Attorney’s Fees: This is the largest component, typically ranging from ₱100,000 to ₱300,000. Fees depend on the lawyer’s expertise and whether the case is contested.
Publication Fees: Philippine law requires the court order to be published in a newspaper of general circulation for three consecutive weeks. This usually costs between ₱15,000 and ₱40,000.
Filing Fees: These are paid directly to the Regional Trial Court (RTC) and generally range from ₱5,000 to ₱15,000.
Document Procurement and Authentication: Obtaining apostilled copies of the foreign divorce decree and the foreign divorce law from countries like Japan or Korea can cost ₱10,000 to ₱30,000, including translation services if the documents are not in English.
Essential Requirements and Procedure
I cannot simply present a foreign divorce decree to the Philippine Statistics Authority (PSA). I must file a Petition for Recognition of Foreign Divorce in the RTC.
Documentary Requirements
PSA-issued Marriage Certificate (if married in the Philippines) or a Report of Marriage (if married abroad).
Official Foreign Divorce Decree, duly apostilled or authenticated by the Philippine Embassy in the country where it was issued.
A certified copy of the Foreign Divorce Law to prove that the divorce in korea recognized in philippines is valid and allows remarriage in that jurisdiction.
Proof of the foreign spouse’s citizenship at the time of the divorce.
The Step-by-Step Process
1.
Filing the Petition: My lawyer files the case in the RTC where I reside or where the marriage was recorded.
2.
3.
The Trial: I must prove the existence of the divorce and the foreign law as a matter of fact.
4.
5.
Judicial Decree: If the court is satisfied, it issues a decision recognizing the foreign divorce.
6.
7.
Registration and Annotation: The court's decision is registered with the Local Civil Registrar and then the PSA to update my marriage record.
8.
The judicial recognition of a foreign divorce is a mandatory step for any Filipino wishing to clear their marital record after a split from a foreign spouse. While the financial investment and the timeline—usually 12 to 24 months—are substantial, it is the only legal way to regain the capacity to remarry under Philippine law.
Would you like me to help you draft a checklist of the specific documents you need to gather from the foreign country where the divorce was granted?