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.
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).
Are You Eligible to Remarry?
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 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 citizenship status of both parties at the exact moment the divorce decree was issued.
How to Process Your Recognition of Foreign Divorce
To ensure a smooth transition to your new life, follow these general steps:
Hire a Lawyer: You will need a Philippine-based attorney to file a Petition for Judicial Recognition in the Regional remarry after foreign divorce philippines Trial Court.
Prepare your documents, including the divorce certificate and remarry after foreign divorce philippines an official copy of the foreign country's divorce laws.
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. remarry after foreign divorce philippines
After winning the case, the final step is updating your marriage certificate with a "divorced" annotation.
Conclusion
By securing a Judicial Recognition, remarry after foreign divorce philippines you clear the path for a remarry after foreign divorce philippines new beginning without any legal clouds hanging over your future.