For many Filipinos, the dream of a second chance at love often hits a legal roadblock known as the "foreign divorce" rule.
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.
The Essential Requirement: Judicial Recognition
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?
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 both parties were Filipino citizens 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.
Step-by-Step Process to Regain Capacity to Remarry remarry after foreign divorce philippines
To ensure a smooth transition to your new life, follow these remarry after foreign divorce philippines general steps:
Hire a Lawyer: You will need a Philippine-based attorney to file remarry after foreign divorce philippines 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.
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 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 remarry after foreign divorce philippines over your future.