Remarriage in the Philippines Following a Divorce Abroad: What You Need to Know

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.

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.

remarry after foreign divorce philippines A marriage 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 remarry after foreign divorce philippines divorced their spouse.

Note: If both parties were Filipino citizens at the time remarry after foreign divorce philippines of the divorce, the Philippine government generally will not recognize the decree, even if it was obtained in a foreign court.

The Legal Steps to Getting Remarried
To ensure a smooth transition to your new life, follow 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 the foreign divorce decree, proof of the foreign divorce law, and your marriage contract.

Ensure all foreign-issued papers are properly Apostilled for legal use in the Philippines.

Court Proceedings: Your lawyer will present evidence to prove the validity of the divorce.

After remarry after foreign divorce philippines winning the case, the final step is updating your marriage certificate with a "divorced" annotation.

Conclusion
While the process may seem daunting, it is the only legal way to ensure your next marriage is valid and protected under Philippine law.