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.
Why You Need a Court Order
This is a court process where a Philippine judge validates the foreign judgment.
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
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.
A marriage between a Filipino and a foreign national where the foreign spouse initiates the divorce.
Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.
Note: If both parties remarry after foreign divorce philippines were Filipino citizens at the time of the divorce, the Philippine government remarry after foreign divorce philippines generally will not recognize the decree, even if it was obtained remarry after foreign divorce philippines in a foreign court.
The remarry after foreign divorce philippines Legal Steps to Getting Remarried
To ensure a smooth transition to your new life, follow these general steps:
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 validity of the divorce.
After winning the case, the final step is updating your marriage certificate remarry after foreign divorce philippines with a "divorced" annotation.
Conclusion
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.