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.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
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 foreign spouse initiates the divorce.
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, even if it was obtained in a foreign court.
The Legal Steps remarry after foreign divorce philippines to Getting Remarried
The process can be time-consuming, usually taking anywhere from several months to over a year, depending on the court's docket.
Engaging remarry after foreign divorce philippines a competent lawyer is the first step in filing the necessary petition.
Gather Documents: You will need the original or certified true copy of the foreign remarry after foreign divorce philippines divorce decree, proof of the foreign divorce law, and your marriage remarry after foreign divorce philippines contract.
Ensure all foreign-issued papers are remarry after foreign divorce philippines 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 decision with the PSA and the Local Civil Registrar.
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.