DIVORCE AND REMARRIAGE FOR FILIPINOS (RECOGNITION OF FOREIGN DIVORCE DECREE 2022 UPDATE MADE SIMPLE)

Описание: Under the OCA Circular No. 157-2022, the Family Courts are advised to take judicial notice of the compilation of the laws of foreign countries on marriage and divorce.

What Are the Laws of the Philippines Regarding Marriage and Divorce?
The Filipino spouse must obtain a Judicial Recognition of Foreign Divorce Decree from a Philippine court.

The Filipino spouse must obtain a Judicial Recognition of Foreign Divorce Decree from a Philippine court. As soon as a court grants such recognition, the foreign divorce decree shall have the effect of res judicata between the spouses in the Philippines. This means that their marriage bond would be severed. The Filipino spouse would no longer be obliged to live with, observe respect and fidelity, or render support to the alien spouse. The alien spouse would no longer be a legal heir of the Filipino spouse with possible rights to conjugal property.

A judicial process is definitely required for the recognition of foreign divorce decree. Philippine courts do not take judicial notice of foreign laws and judgments. Hence, both the foreign divorce decree and the national law of the alien spouse must be alleged and proved in a Philippine court in accordance with Philippine law on evidence.

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