If you are a Filipino citizen who has ended a marriage abroad, you might be wondering if you are legally free to wed again in your home country.
The short answer is: Yes, you can remarry, but it is not an automatic process.
The Essential Requirement: Judicial Recognition
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
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.
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.
Note: If remarry after foreign divorce philippines 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.
Step-by-Step Process to Regain Capacity to Remarry
To ensure a smooth transition to your new life, follow these general steps:
Hire a remarry after foreign divorce philippines Lawyer: You will need a Philippine-based attorney to file a Petition remarry after foreign divorce philippines for Judicial Recognition in the Regional Trial Court.
Prepare your documents, remarry after foreign divorce philippines including the divorce certificate and an remarry after foreign divorce philippines official copy of the foreign country's divorce laws.
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.
Conclusion
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.