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.
Understanding Judicial Recognition of Foreign Divorce
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.
Who Qualifies for This Process?
There are generally two situations where this applies:
A marriage between a Filipino and a foreign national where the foreign spouse initiates the divorce.
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 remarry after foreign divorce philippines 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, usually taking anywhere from several months to over a year, depending remarry after foreign divorce philippines on the court's docket.
Engaging a competent lawyer is the first step in filing the necessary petition.
Gather Documents: You will need remarry after foreign divorce philippines the original or certified true copy of the foreign divorce decree, proof remarry after foreign divorce philippines of the foreign divorce law, remarry after foreign divorce philippines and your marriage contract.
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.
Annotation: Once the court grants the petition, you must register the decision with the PSA and the Local Civil Registrar.
Moving Forward
Remarrying after a foreign divorce in the Philippines is a journey that requires patience and legal expertise.