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.
Understanding Judicial Recognition of Foreign Divorce
This is a court process where a Philippine judge validates the foreign judgment.
This legal step is mandatory because Philippine courts do not automatically take "judicial notice" of foreign laws or foreign judgments.
Are You Eligible to Remarry?
This covers two main scenarios:
A marriage between a Filipino and a foreign national where remarry after foreign divorce philippines the foreign spouse initiates the divorce.
Filipinos who have acquired foreign citizenship and subsequently divorced their remarry after foreign divorce philippines 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
The process remarry after foreign divorce philippines can be time-consuming, usually taking anywhere from several months to over a year, depending on the court's docket.
Engaging a competent lawyer is the first step in filing the necessary petition.
Prepare your documents, including the divorce certificate and an official copy of the foreign country's divorce laws.
Authentication/Apostille: Foreign documents must be authenticated or Apostilled in the country where they were issued to be admissible in Philippine courts.
Court Proceedings: Your lawyer will present evidence to prove remarry after foreign divorce philippines the validity of the divorce.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Moving Forward
By securing a Judicial remarry after foreign divorce philippines Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.