SC eases proof of foreign divorce

The Supreme Court has eased the requirements for Filipino spouses seeking Philippine court recognition of a foreign divorce, removing the need to prove the applicable foreign law when filing their petitions.

Under amendments to the Rules of Court approved during an en banc session on Wednesday, petitioners under Article 26(2) of the Family Code will only need to prove that the foreign divorce took place.

The High Court said the change addresses difficulties faced by Filipino spouses, particularly overseas Filipino workers (OFWs), in obtaining and authenticating foreign laws.

The Department of Foreign Affairs had identified challenges in securing foreign family laws, including the absence of designated officials authorized to certify them and the lack of official English translations from some foreign ministries.

However, the SC clarified that judicial recognition remains necessary and that petitions may still be challenged on legal grounds, including lack of jurisdiction.

The amendments also introduce Section 48-A of Rule 39, which presumes that a foreign divorce allows the foreign spouse to remarry under the applicable foreign law, unless the divorce decree expressly identifies it as a limited divorce.

The new rules will take effect 15 days after their posting on the Supreme Court website.