Remarriage in the Philippines Following a Divorce Abroad: What You Need to Know
For many Filipinos, the dream of a second chance at love often hits a legal roadblock known as the "foreign divorce" rule.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
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
Eligibility for Remarriage After Foreign Divorce
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.
Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was issued.
Step-by-Step Process to Regain Capacity to Remarry
Here is the typical roadmap for legalizing your foreign divorce in the Philippines:
Hire a Lawyer: You will need a Philippine-based attorney to file a remarry after foreign divorce philippines Petition for Judicial Recognition in the Regional Trial Court.
Prepare your documents, including the divorce certificate remarry after foreign divorce philippines and an official copy of the foreign country's divorce laws.
Authentication/Apostille: Foreign documents must be authenticated or Apostilled remarry after foreign divorce philippines in the country where they were issued to be admissible in Philippine courts.
The court will remarry after foreign divorce philippines hold hearings to verify the facts of your case.
After winning remarry after foreign divorce philippines the case, the final step is updating your marriage certificate with a "divorced" annotation.
Conclusion
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.