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Apostille – Foreign Judgment / Divorce Decree

Apostille – Foreign Judgment / Divorce Decree

Marriage, while it was made with the promise of forever, sometimes does not last. When a marriage has officially been declared null abroad through the issuance of a valid divorce decree, its finality is not instantly recognized in the Philippines. 

In the Philippines, the foreign divorce decree must still be proven in court before it can be recognized as valid in the Philippines. Note that in the Philippines, there is no divorce, only annulment of marriage. As with any issue that needs to be recognized by the Philippine courts, a petition and the corresponding requirements must be filed. The manner of issuance of the divorce decree depends upon the laws and legalities where the valid divorce decree was obtained. Hence, it may follow any procedure for as long as it is a duly recognized way of dissolution of marriage in that specific country. Either the foreign spouse or the Filipino spouse has the capacity to get a foreign divorce decree. 

Remarriage is allowed, provided that the spouse is a foreign citizen and it is indicated in the foreign divorce decree that the decree shall give the spouses such capacity of remarriage.  

To reiterate, what needs to be proven in court are the foreign divorce decree, as well as the national law of the foreign spouse. In doing so, official documents proving such pertinent facts must be admitted. 

For foreign records, a certification must accompany such records either an authentication 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 Red Ribbon) or done through Apostille, for countries who are part of the Apostille Convention. 

The Apostille is required to be able to certify that the documents to be submitted are authentic as to its origin. Note that the documents that shall be apostilled are public documents issued abroad. 

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

  1. Summary of the spouses’ marital history
  2. Certified True Copy of the marriage certificate. This shall either be one that is registered in the Philippines, or if the marriage was done abroad, the certificate registered with a consulate of the Philippine. 
  3. Certified True Copy of the foreign divorce decree. If it is issued in another language, the certificate shall be translated to English. Note, that this must be authenticated through Apostille. 
  4. 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.
  5. Proof of Philippine or foreign citizenship. This can be through a valid passport or a certificate of naturalization
  6. Proof of citizenship of the spouse. This can be shown through a valid passport or through an authenticated proof of naturalization
  7. Proof of residence 
  8. Birth certificates of children       

 

Need further information and assistance regarding the foreign judgment annulment apostille process in the Philippines?  Talk to our team at  FILEDOCSPHIL  to know more about the requirements and process. Call us today at (+632) 8478 5826 or send an email to  info@filedocsphil.com  for more information.

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