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.
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
Many people mistakenly believe that simply presenting a foreign divorce decree at the Local Civil Registrar is enough to update their marital status.
This legal step is mandatory because Philippine courts do not automatically take "judicial notice" of foreign laws or foreign judgments.
Eligibility for Remarriage After Foreign Divorce
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.
Filipinos who have remarry after foreign divorce philippines 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 recognize the decree, even if it was obtained in a foreign remarry after foreign divorce philippines court.
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.
Gather Documents: You will need the original or certified true copy of the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Authentication/Apostille: Foreign documents must remarry after foreign divorce philippines 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.
Annotation: Once the court grants the petition, you must register the decision with remarry after foreign divorce philippines the PSA and the Local Civil Registrar.
Final Thoughts
While the process may seem daunting, it is remarry after foreign divorce philippines the only legal way to ensure your next marriage is valid and protected under Philippine law.