Compilation of the Laws of Foreign Countries on Marriage and Divorce
OCA Circular No. 157-2022 addresses the increasing number of petitions in Philippine courts for the recognition and enforcement of foreign divorce decrees, particularly due to the rising intermarriages involving Filipinos and foreign nationals. The Office of the Court Administrator (OCA) has compiled foreign laws on marriage and divorce, provided by the Department of Foreign Affairs (DFA), to assist Family Court judges in resolving these petitions. The circular advises judges and court clerks to take judicial notice of this compilation when handling relevant cases. The compilation is accessible online for reference.
Law Information
- Reference Number
- OCA Circular No. 157-2022
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 23, 2022
OCA CIRCULAR NO. 157-2022
| TO | : | All Judges, Branch Clerks of Court and Officers-in-charge/Acting Clerks of Court of the Family Courts |
| SUBJECT | : | Compilation of the Laws of Foreign Countries on Marriage and Divorce |
The growing migration, foreign employment and cross-border travel of Filipinos have resulted in significant numbers of intermarriages with foreign nationals. However, some of these marriages end up as the subject of divorce decrees obtained overseas. As a consequence, there is an increasing number of petitions filed before Philippine courts for recognition and enforcement of foreign decree of divorce.
Recently, the Office of the Court Administrator (OCA) experienced a sudden influx of requests for certified true copies of divorce laws of foreign countries which the parties intend to use as supporting document to their petitions for recognition of a foreign decree of divorce.
To address this matter, the Department of Foreign Affairs (DFA), upon request of the OCA, furnished the OCA with a compilation of several foreign laws on marriage and divorce, for reference and use of the judiciary, particularly the Family Court Judges, whether statutory or designated Family Courts, in resolving petitions for recognition and enforcement of foreign decree of divorce.
The text of these laws, and/or their English translations, were officially transmitted to the Philippine Embassies and Consulates by the Ministry of Foreign Affairs of other agencies of the concerned foreign governments through Notes Verbale or official letters enclosing the text of these laws or indicating the official website or online link containing the authentic copies. In some states within the United States of America, the text of the laws provided were authenticated by the Secretary of State or by other competent officials having custody of authentic copies of these laws.
In view thereof, the Family Courts are advised to take judicial notice of this compilation of the laws of foreign countries on marriage and divorce in the resolution of cases requiring the presentation of the laws of foreign countries on marriage and divorce. This could be accessed at https://sc.judiciary.gov.ph/foreign-divorce-laws/.
For the information and guidance of all concerned.
(SGD.) RAUL B. VILLANUEVACourt Administrator
Cite This Law
Compilation of the Laws of Foreign Countries on Marriage and Divorce, OCA Circular No. 157-2022, Jun 23, 2022 (Philippines)
Compilation of the Laws of Foreign Countries on Marriage and Divorce, OCA Circular No. 157-2022 (Phil. 2022)
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