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.
Who Qualifies for This Process?
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 remarry after foreign divorce philippines obtained in a 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 remarry after foreign divorce philippines an official copy of the foreign country's divorce laws.
Authentication/Apostille: Foreign documents must be authenticated or Apostilled in the remarry after foreign divorce philippines country where they were issued to be admissible in Philippine courts.
Court remarry after foreign divorce philippines Proceedings: Your lawyer will present evidence remarry after foreign divorce philippines to prove the validity of the divorce.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Conclusion
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.