SC approves amendments for easier recognition of foreign divorce in PH courts

MANILA — The Supreme Court approved amendments to the Rules of Court seeking to make it easier for Filipino spouses to prove a foreign divorce in Philippine courts, according to a press briefer released on Thursday.

Those seeking recognition of their divorce under Article 26(2) of the Family Code will not need to prove the applicable foreign law when filing a petition, but only that the foreign divorce took place.

The high court recognized that overseas Filipino workers (OFWs) may find it difficult to prove foreign law under existing rules.

“The SC recognized that proving foreign law under the existing rules can be difficult for Filipino spouses, particularly overseas Filipino workers. During consultations with the Sub-TWG, the Department of Foreign Affairs (DFA) identified several challenges. 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 press briefer reads.

However, the Supreme Court clarified that a petition for judicial recognition of a foreign divorce is still required.

And it could be opposed on some grounds, such as lack of jurisdiction.

“The amendments introduce Section 48-A of Rule 39, which presumes that a foreign divorce between a Filipino and a foreign spouse allows the foreign spouse to remarry under foreign law, unless the divorce decree itself states that it is only a limited divorce,” the press briefer said.

The changes take effect 15 days after posting on the Supreme Court website.

This was decided in an en banc session on Wednesday.