Navigating the legalities of marriage and divorce in the Philippines can be complex, especially since the country remains one of the few in the world without a domestic divorce law.
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.
Why You Need a Court Order
To be legally recognized, the foreign decree must undergo a process called Judicial Recognition of Foreign Divorce.
You must prove to a Philippine court that the divorce was validly obtained under the laws of the country where it was granted.
Who Qualifies for This Process?
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 remarry after foreign divorce philippines Marriages: Where a Filipino is married to 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.
How to Process Your Recognition of Foreign Divorce
The process can be time-consuming, remarry after foreign divorce philippines usually taking anywhere from several months to over a year, depending on the court's docket.
Engaging a competent lawyer is the first step in filing the necessary petition.
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 be authenticated or Apostilled in the country where they were issued remarry after foreign divorce philippines 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 remarry after foreign divorce philippines marriage certificate with a "divorced" annotation.
Moving Forward
By securing a Judicial remarry after foreign divorce philippines Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.