The Supreme Court (SC) En Banc has approved amendments to the Rules of Court that will make it easier for Filipino spouses to seek judicial recognition of foreign divorces.
During its October 7, 2026 session, the Court approved amendments under A.M. No. 25-03-14-SC, particularly for petitions filed under Article 26(2) of the Family Code. The changes will allow Filipino spouses to prove that a foreign divorce took place without having to initially prove the applicable foreign law.
The amendments introduce Section 48-A of Rule 39, which presumes that a foreign divorce involving a Filipino and a foreign spouse allows the foreign spouse to remarry under the applicable foreign law, unless the divorce decree itself states that it is only a limited divorce.
The burden will now fall on the party opposing the petition to prove that the divorce is not absolute.
The Court also established a presumption that an English translation of a foreign divorce document is accurate when the translator certifies its accuracy under oath.
“These amendments aim to remove unnecessary barriers and make it easier for Filipinos to exercise their rights under the law,” the Supreme Court said.
However, the amendments do not eliminate the requirement for judicial recognition of a foreign divorce. The substantive requirements under Article 26(2) of the Family Code also remain unchanged, and petitions may still be opposed on grounds such as lack of jurisdiction, lack of notice, fraud, or clear mistake of law or fact.
The amendments will take effect 15 days after their publication on the Supreme Court website.
The Court also said a central repository of authenticated and updated foreign laws on divorce, nullity, and annulment of marriage is being established through an agreement involving the Office of the Court Administrator and the Department of Foreign Affairs. The agreement is scheduled to be signed on October 21, 2026.
