For many Filipinos, the dream of a second chance at love often hits a legal roadblock known as the "foreign divorce" rule.
While the Philippines does not have its own divorce law, it does recognize divorces obtained abroad under specific circumstances.
The Essential Requirement: Judicial Recognition
This is a court process where a Philippine judge validates the foreign judgment.
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?
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.
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Naturalized Citizens: Where a former Filipino citizen becomes a naturalized citizen of another country and then divorces remarry after foreign divorce philippines their Filipino spouse.
Note: If both 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.
How to Process Your Recognition of Foreign remarry after foreign divorce philippines Divorce
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.
The court will hold hearings to verify the facts of your case.
Annotation: Once the court grants the remarry after foreign divorce philippines petition, you must register the decision with the PSA and the Local Civil Registrar.
Moving Forward
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.