SC eases rules for recognition of foreign divorce

The Supreme Court has approved amendments to the Rules of Court making it easier for Filipino spouses to seek judicial recognition of a foreign divorce.

Under the amendments approved by the SC en banc on 7 October, Filipinos filing petitions under Article 26(2) of the Family Code will no longer be required to prove the applicable foreign law. Instead, they need only establish that the foreign divorce took place.

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 decree expressly states that it is only a limited divorce.

The burden will instead fall on the party opposing recognition to prove that the divorce is not absolute.

An English translation of a foreign divorce document will also be presumed accurate if the translator certifies its accuracy under oath.

The presumptions remain disputable and may be challenged through contrary evidence.

A party contesting the divorce may submit a certified true copy of the applicable foreign law, including its English translation, obtained from the Office of the Court Administrator, which will maintain a repository of foreign laws.

The SC stressed that the amendments do not remove the requirement to file a petition for judicial recognition of a foreign divorce or alter the substantive requirements under Article 26(2) of the Family Code.

Recognition may still be opposed on grounds including lack of jurisdiction, lack of notice, fraud or a clear mistake of law or fact.

The Court said the changes address difficulties Filipinos, particularly overseas workers, face in obtaining and proving foreign laws.

The Department of Foreign Affairs previously noted that divorce laws may be scattered across different jurisdictions, while some countries have no designated official who can certify them or provide official English translations.

“Through these amendments, the SC aims to remove unnecessary barriers and make it easier for Filipinos to exercise their rights under the law,” the Court said.

The amendments will take effect 15 days after their posting on the SC website.

The SC earlier approved an agreement among its Committee on Family Courts and Juvenile Concerns Technical Working Group, the OCA and the DFA to establish a central repository of authenticated and updated foreign laws on divorce, nullity and annulment of marriage.

The agreement is scheduled to be signed on 21 October.