If you are a Filipino citizen who has ended a marriage abroad, you might be wondering if you are legally free to wed again in your home country.
While the Philippines does not have its own divorce law, it does recognize divorces obtained abroad under specific circumstances.
Why You Need a Court Order
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.
Filipinos who have acquired foreign citizenship and subsequently divorced their 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.
Step-by-Step Process to Regain Capacity to Remarry
To ensure a smooth transition to your new life, follow these general steps:
Hire a Lawyer: You will need a Philippine-based attorney to file remarry after foreign divorce philippines 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.
Authentication/Apostille: Foreign documents must be authenticated or Apostilled in the country where they were issued to remarry after foreign divorce philippines be admissible in Philippine courts.
The court will hold hearings to verify the facts of your case.
Annotation: remarry after foreign divorce philippines Once the court grants the petition, remarry after foreign divorce philippines you must register the decision with the PSA and the Local Civil Registrar. remarry after foreign divorce philippines
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.