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.
Naturalized Citizens: Where a former Filipino citizen becomes a naturalized citizen of another country and then divorces their Filipino spouse.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was remarry after foreign divorce philippines issued.
Step-by-Step Process to Regain Capacity to Remarry
Here is the typical roadmap for legalizing your foreign remarry after foreign divorce philippines divorce in the Philippines:
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 remarry after foreign divorce philippines 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.
The court will hold hearings to verify the facts of your case.
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Conclusion
remarry after foreign divorce philippines While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.