Manila, Philippines — The Supreme Court (SC) has approved changes to court rules that will make it easier for Filipino spouses to have a foreign divorce recognized in the country.
The SC En Banc approved the amendments during its session on October 7, 2026.
Under the new rules, Filipinos seeking recognition of a foreign divorce under Article 26(2) of the Family Code will no longer have to prove the applicable foreign law when filing their petition.
Instead, they will only need to prove 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 divorce decree itself states that it is only a limited divorce,” the SC said.
The party opposing the petition will now have the burden of proving that the divorce is not absolute, the SC emphasized.
The new rules also presume that an English translation of a foreign divorce document is accurate if the translator certifies its accuracy under oath.
However, these presumptions may still be challenged with contrary evidence.
“The amendments leave the existing legal framework unchanged. A petition for judicial recognition of a foreign divorce is still required, and the substantive requirements of Article 26(2) of the Family Coderemain the same,” the SC explained what remains unchanged.
“Recognition of a foreign divorce may still be opposed on grounds such as lack of jurisdiction, lack of notice, fraud, or a clear mistake of law or fact,” it added.
The Court said the changes are intended to remove “unnecessary barriers” and “make it easier for Filipinos to exercise their rights,” particularly for overseas Filipino workers.
The amendments will take effect 15 days after they are posted on the Supreme Court website.