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.
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:
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 remarry after foreign divorce philippines divorced their spouse.
It is crucial to check the citizenship status of both parties at the remarry after foreign divorce philippines exact moment the divorce decree remarry after foreign divorce philippines was issued.
Step-by-Step Process to Regain Capacity to Remarry
Here is remarry after foreign divorce philippines the typical roadmap for legalizing your foreign divorce in the Philippines:
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.
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 remarry after foreign divorce philippines validity of the divorce.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Conclusion
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.