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.
The Essential Requirement: Judicial Recognition
Many people mistakenly believe that simply presenting a foreign divorce decree at the Local Civil Registrar is enough to update their marital status.
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 obtained in a foreign court.
The Legal Steps to Getting Remarried
To ensure a smooth transition remarry after foreign divorce philippines to your new life, follow these general steps:
Engaging a competent lawyer is the first step in filing the necessary petition.
Gather Documents: You will need the original or certified true remarry after foreign divorce philippines copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Authentication/Apostille: Foreign documents remarry after foreign divorce philippines must be authenticated or Apostilled in the country where they were issued to be admissible in Philippine courts.
Court remarry after foreign divorce philippines 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.
Conclusion
While the process may seem daunting, it is remarry after foreign divorce philippines the only legal way to ensure your next marriage is valid and protected under Philippine law.