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
Many people mistakenly believe that simply presenting a foreign divorce decree at the Local Civil Registrar is enough to update their marital status.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
Who Qualifies for This Process?
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.
A marriage between a Filipino and a foreign national where the foreign spouse initiates the divorce.
Naturalized Citizens: 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, the Philippine government generally will not recognize the decree, even if it was obtained in a foreign court.
How to Process Your Recognition of remarry after foreign divorce philippines Foreign Divorce
The process can be time-consuming, usually taking anywhere from several months to over a year, depending on the court's docket.
Engaging a competent lawyer is the first step in filing the necessary petition.
Gather Documents: You will need the original or certified true remarry after foreign divorce philippines copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Ensure all remarry after foreign divorce philippines foreign-issued papers are properly Apostilled for remarry after foreign divorce philippines legal use in the Philippines.
Court Proceedings: Your lawyer will present evidence to prove remarry after foreign divorce philippines the validity of the divorce.
Annotation: Once the court grants the petition, you must register the decision with the PSA and the Local Civil Registrar.
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.