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.
Understanding Judicial Recognition of Foreign Divorce
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.
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.
A marriage between a Filipino and remarry after foreign divorce philippines a foreign national where the foreign spouse initiates the divorce.
Naturalized Citizens: Where a remarry after foreign divorce philippines 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, remarry after foreign divorce philippines 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:
remarry after foreign divorce philippines Engaging a competent lawyer is the first step in filing the necessary petition.
Prepare your documents, including the divorce certificate and an official copy of the foreign country's divorce laws.
Ensure all foreign-issued papers are properly Apostilled for legal use in the Philippines.
Court Proceedings: Your lawyer will present evidence to prove the validity of the divorce.
Annotation: Once the court grants the petition, you must register the decision with the PSA and the Local Civil remarry after foreign divorce philippines Registrar.
Final Thoughts
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.