Navigating the legalities of marriage and divorce in the Philippines can be complex, especially since the country remains one of the few in the world without a domestic divorce law.
Under Article 26 of the Family Code of the Philippines, a foreign divorce can be recognized, allowing the Filipino spouse to regain their capacity to remarry.
The Essential Requirement: Judicial Recognition
This is a court process where a Philippine judge validates the foreign judgment.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
Are You Eligible to Remarry?
According to the Family Code, the primary condition for recognition is that one of the parties must be an alien (a non-Filipino citizen) at the time the divorce was obtained.
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Naturalized Citizens: remarry after foreign divorce philippines Where a former Filipino citizen becomes a naturalized citizen of another country and then divorces their Filipino spouse.
Note: If both parties were Filipino citizens at the time of the divorce, remarry after foreign divorce philippines the Philippine government generally will not recognize the decree, even if it was obtained in a foreign court.
The Legal Steps to Getting Remarried
To ensure a smooth transition to your new life, follow these general steps: remarry after foreign divorce philippines
Hire a Lawyer: You will need a Philippine-based attorney to file a Petition for Judicial Recognition in the Regional Trial Court.
Prepare your documents, including the divorce certificate and an official copy of the foreign country's divorce laws.
Ensure all foreign-issued papers are remarry after foreign divorce philippines properly Apostilled for legal use in the Philippines.
The court will hold hearings to verify the facts of your case.
Annotation: Once the court grants the petition, you must register the decision remarry after foreign divorce philippines with the PSA and the Local Civil Registrar.
Conclusion
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.