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
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
This legal step is mandatory because Philippine courts do not automatically take "judicial notice" of foreign laws or foreign judgments.
Eligibility for Remarriage After Foreign Divorce
There are generally two situations where this applies:
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Filipinos who have acquired foreign citizenship and subsequently divorced their 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.
How to Process Your Recognition of remarry after foreign divorce philippines Foreign Divorce
Here is the remarry after foreign divorce philippines 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.
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 remarry after foreign divorce philippines decision with the PSA and the Local Civil Registrar.
Conclusion
Remarrying after a foreign divorce in the Philippines is a journey that requires remarry after foreign divorce philippines patience and legal expertise.