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.
Why You Need a Court Order
This is a court process where a Philippine judge validates the foreign judgment.
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 remarry after foreign divorce philippines 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 remarry after foreign divorce philippines and then divorces their Filipino spouse.
Note: If both parties were Filipino remarry after foreign divorce philippines citizens at the time of the divorce, the Philippine government generally will not recognize the decree, even if it was obtained in a remarry after foreign divorce philippines 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 remarry after foreign divorce philippines use in the Philippines.
The court will hold hearings to verify the facts of your case.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.