Why You Need a Lawyer in the Philippines After a Foreign Divorce
The Philippines is one of the only two states in the world without a Divorce law. Obtaining one abroad is just as difficult. However, there is an exception: a judicial recognition of divorce as premised under International Law.
In this case, you need the court to recognize the foreign divorce. Get a lawyer in the Philippines to help you work out this case in court. Read on and consider the following details to make the government recognize the divorce.
Judicial Recognition of Divorce
When the foreign spouse obtains a divorce abroad, the Filipino spouse can remarry under Philippine Law. However, the missing process is recognizing the foreign divorce. This particular provision in the Philippine Law is in Article 26 of the Family Code.
With this in mind, determine whether you qualify for the recognition of divorce. Citizenship is a key factor, but its basis is on the time when the foreign spouse obtained the divorce abroad. You can read more on foreign divorce here.
Getting a Philippine Lawyer
Once you determine your qualifications, you need a lawyer to help with the judicial process. Choose an attorney you can trust. Gauge their experience and the costs for their service.
A useful tip is to narrow down your options. Have at least 3 or 4 lawyers to choose from. After that, schedule your appointment to see who you can work with.
Don’t forget to ask for a written contract to notarize terms and conditions on how they should handle the case. It protects you from conflicts of interest later on.
Obtain the Required Documents
For this particular judicial process, gather the required documents. These include a record of your marital history and how it led to divorce.
A true copy of the marriage certificate is also necessary, whether it’s registered in the Philippines or another country. As for the latter, you must register the marriage with a Philippine consulate.
Make sure to translate the certified copies of the divorce decision into English. You must also provide the specific law in that country. Also, have your documented proofs of residence with you.
What to Expect in the Process
With these documents, your lawyer will prepare a draft of the petition. It requires your input and approval before they finalize it. Read and understand their submission to determine its accuracy.
You also need to testify in court for the proceedings. After that, wait for the decision for this case. The court will often recognize the foreign divorce, provided you followed every step so far.
Ask a Lawyer in the Philippines Now
When taking on the divorce process, you need a lawyer in the Philippines. Their experience and knowledge in the related laws and articles can guide you through the process. It ensures you get your desired outcome.
However, knowing about the process isn’t enough. You must know how to find the best lawyer to best represent your interests.
Did you find this guide helpful? Check out our other articles and learn more.