SC makes foreign divorce easier for Filipino spouses to prove

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The Supreme Court (SC) on Thursday said it has approved amendments to the Rules of Court to make it easier for Filipino spouses to prove a foreign divorce when seeking its recognition in the country.

According to the SC, Filipino spouses seeking recognition of their divorce under Article 26(2) of the Family Code will no longer need to prove the applicable foreign law.

It said that spouses will only need to prove that the divorce took place.

“The SC recognized that proving foreign law under the existing rules can be difficult for Filipino spouses, particularly overseas Filipino workers,” it said.

It said that consultations of its sub-technical working group with the Department of Foreign Affairs with the Department of Foreign Affairs revealed that foreign family laws are difficult to obtain as they are often spread across different jurisdictions.

The High Court added that some countries do not have officials who can certify the laws while some do not provide 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,” it said.

According to the SC, the amendments will take effect 15 days after they are posted on the court’s website.

“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,” it said.

The SC said that the party opposing the petition for recognition will now bear the burden of proving that the divorce is not absolute.

Further, the SC said that the rule presumes that an English translation of the foreign divorce document is accurate if the translator certifies its accuracy under oath.

“These presumptions are disputable, meaning they may be challenged with contrary evidence, under Section 3 of Rule 131,” it said.

According to the SC, individuals seeking to challenge the presumptions may submit a certified true copy of the applicable foreign divorce law, including

its English translation, obtained from the Office of the Court Administrator (OCA).

Meanwhile, the SC stressed that a petition for judicial recognition is still required while the substantive requirements remain the same.

“Recognition of a foreign divorce may still be opposed on grounds such as of jurisdiction, lack of notice, fraud, or a clear mistake of law or fact,” it said. —NB, GMA News