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
Unfortunately, a foreign divorce paper is not self-executing in the Philippines.
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 remarry after foreign divorce philippines between a Filipino and a foreign national where the foreign spouse initiates the divorce.
Filipinos who remarry after foreign divorce philippines 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.
The Legal Steps to Getting Remarried
To ensure a smooth transition to your new life, follow remarry after foreign divorce philippines these general steps:
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 remarry after foreign divorce philippines the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.
Ensure all foreign-issued papers are properly Apostilled remarry after foreign divorce philippines for legal use in the Philippines.
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 the PSA and the Local Civil Registrar.
Final Thoughts
By securing a Judicial Recognition, you clear the path for a new beginning without any legal clouds hanging over your future.