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
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.
Are You Eligible to Remarry?
This covers two main scenarios:
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.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was issued.
The Legal remarry after foreign divorce philippines Steps to Getting Remarried
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 Petition for Judicial Recognition in the Regional Trial Court.
Gather Documents: You will need the original or certified true copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Authentication/Apostille: Foreign documents must be remarry after foreign divorce philippines authenticated or Apostilled in the country where they were issued to be admissible in Philippine courts.
Court Proceedings: Your lawyer will present remarry after foreign divorce philippines evidence to prove the validity of the divorce.
Annotation: Once the court grants the petition, you must remarry after foreign divorce philippines 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.