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
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 remarry after foreign divorce philippines the foreign spouse initiates the divorce.
Naturalized Citizens: Where a former Filipino citizen becomes a naturalized citizen of another remarry after foreign divorce philippines country and then divorces their Filipino spouse.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was issued.
remarry after foreign divorce philippines 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.
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 an official copy of the foreign country's divorce laws.
Ensure all foreign-issued papers are properly Apostilled for remarry after foreign divorce philippines legal use in the Philippines.
The court will hold hearings to verify the facts of your case.
After winning the case, the final step remarry after foreign divorce philippines is updating your marriage certificate with a "divorced" annotation.
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.