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.
The short answer is: Yes, you can remarry, but it is not an automatic process.
The Essential Requirement: Judicial Recognition
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
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.
Mixed Marriages: Where a Filipino is married to remarry after foreign divorce philippines a foreigner, and the foreigner obtains a valid divorce abroad.
Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.
It is crucial to check the citizenship status of both parties at the exact moment the divorce decree was issued.
Step-by-Step Process to Regain Capacity to Remarry
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 remarry after foreign divorce philippines 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 remarry after foreign divorce philippines step is updating your marriage certificate with a "divorced" annotation.
Conclusion
By securing a Judicial Recognition, you remarry after foreign divorce philippines clear the path for a new beginning without any legal clouds remarry after foreign divorce philippines hanging over your future.