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
To be legally recognized, the foreign decree must undergo a process called Judicial Recognition of Foreign Divorce.
Once the court issues a Finality of Judgment, you can then annotate your marriage record at the Philippine Statistics Authority (PSA).
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 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
Here is the typical roadmap for legalizing your foreign divorce in the Philippines:
Hire a Lawyer: You will need a Philippine-based attorney remarry after foreign divorce philippines 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 remarry after foreign divorce philippines or Apostilled in the country where they were issued to be admissible in Philippine courts.
The remarry after foreign divorce philippines court will hold hearings to verify the facts of your case.
After remarry after foreign divorce philippines 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 clear the path for a new beginning without any legal clouds hanging over your future.