Legal Guide to Remarrying in the Philippines After a Foreign Divorce
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
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
Once the court issues a Finality of Judgment, you can then annotate your marriage record at the Philippine Statistics Authority (PSA).
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 a foreign national where the remarry after foreign divorce philippines foreign spouse initiates the divorce.
Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.
Note: If both remarry after foreign divorce philippines parties were Filipino citizens at the time of the divorce, the Philippine remarry after foreign divorce philippines government generally will not recognize the decree, even if it was obtained remarry after foreign divorce philippines in a foreign court.
The Legal Steps to Getting Remarried
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 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 properly Apostilled for legal use in the Philippines.
Court Proceedings: Your lawyer will present evidence to prove the validity of the divorce. remarry after foreign divorce philippines
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
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.