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.
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.
Understanding Judicial Recognition of Foreign Divorce
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
Once the court issues a Finality of Judgment, you can then annotate your marriage record at the Philippine Statistics Authority (PSA).
Who Qualifies for This Process?
There are generally two situations where this applies:
Mixed Marriages: Where a Filipino is married to a foreigner, and the foreigner obtains a valid divorce abroad.
Naturalized Citizens: Where a former Filipino citizen becomes a naturalized citizen of another country and then divorces their Filipino spouse.
Note: If both parties were Filipino citizens at the time remarry after foreign divorce philippines of remarry after foreign divorce philippines the divorce, the Philippine government generally will not recognize the decree, even if it was obtained in a foreign court.
The Legal Steps to Getting Remarried
The process can be remarry after foreign divorce philippines 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 remarry after foreign divorce philippines 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 legal use in the Philippines.
The court will hold hearings to verify the facts of your case.
Annotation: Once the court grants the petition, you must register the decision with the PSA and the Local Civil Registrar.
Final Thoughts
While the process remarry after foreign divorce philippines may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.