SC makes it easier for Filipinos to prove foreign divorce
Filipinos who divorce a spouse abroad can now have their marital status updated back home much faster, thanks to a recent Supreme Court ruling that simplifies foreign divorce recognition in the Philippines.
During its Oct. 7 session, the Supreme Court En Banc approved changes to the rules on how Filipino spouses can prove a foreign divorce when asking Philippine courts to recognize it.
"Under the amendments, Filipino spouses seeking recognition of a foreign divorce under Article 26(2) of the Family Code will no longer need to prove the applicable foreign law when filing their petition," the court's statement read.
"They will only need to prove that the foreign divorce took place," it added.
With this, the party opposing the petition now bears the burden of proving that the divorce is not absolute.
The new rules also make it easier to deal with foreign-language documents. An English translation of a foreign divorce document will be presumed accurate if the translator certifies its accuracy under oath. These presumptions are not absolute, however. They can still be challenged if the opposing party presents evidence showing otherwise.
Nevertheless, the amendments do not mean that a foreign divorce will automatically be recognized in the Philippines as Filipino spouses must still file a petition for its judicial recognition. The existing requirements under Article 26(2) of the Family Code also remain in place.
Until a Philippine court officially recognizes the foreign judgment, the Filipino spouse remains legally married under Philippine law and cannot remarry.
According to the SC, the decision to ease the rules was due to how proving foreign law under the existing rules can be difficult for Filipino spouses, particularly overseas Filipino workers.
"Foreign family laws are often spread across different jurisdictions, making them difficult to obtain. Some countries have no designated official who can certify these laws, while foreign ministries generally do not provide official English translations," the court explained.
"Through these amendments, the SC aims to remove unnecessary barriers and make it easier for Filipinos to exercise their rights under the law," it added.
The amendments take effect 15 days after they are posted on the SC website.
Apart from Vatican City, the Philippines is the only country in the world where divorce is illegal.