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.
Why You Need a Court Order
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?
There are generally two situations where this applies:
A marriage between a Filipino and a foreign national where the foreign spouse initiates the divorce.
Naturalized Citizens: remarry after foreign divorce philippines Where a former Filipino citizen becomes a naturalized citizen of another country remarry after foreign divorce philippines and then divorces their Filipino spouse.
Note: If both parties were Filipino citizens remarry after foreign divorce philippines at the time of the divorce, the Philippine government generally will not remarry after foreign divorce philippines recognize the decree, even if it was obtained in a foreign court.
How to Process Your Recognition of Foreign Divorce
The process 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.
Gather Documents: You will need the original or certified true copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Ensure all foreign-issued papers are properly Apostilled for legal use in the Philippines.
Court Proceedings: Your lawyer will present remarry after foreign divorce philippines 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
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.