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.
Understanding Judicial Recognition of Foreign Divorce
To be legally recognized, the foreign decree must undergo a process called Judicial Recognition of Foreign Divorce.
Once the court issues a Finality of Judgment, you can then annotate your marriage record at the Philippine Statistics Authority (PSA).
Eligibility for Remarriage After Foreign Divorce
This covers two main scenarios:
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Filipinos who have acquired foreign remarry after foreign divorce philippines citizenship and subsequently divorced their spouse.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was issued.
Step-by-Step Process to Regain Capacity to Remarry
To ensure a smooth transition to your new life, follow these general steps:
Hire a Lawyer: remarry after foreign divorce philippines You will need a Philippine-based attorney to file a Petition for Judicial Recognition in the Regional remarry after foreign divorce philippines Trial Court.
Gather Documents: You will need the original or certified remarry after foreign divorce philippines true copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract. remarry after foreign divorce philippines
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.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Moving Forward
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.