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
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.
remarry after foreign divorce philippines 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
The process can be time-consuming, remarry after foreign divorce philippines usually taking anywhere from several months to over a year, depending on the court's docket.
Hire remarry after foreign divorce philippines a Lawyer: You will need a Philippine-based attorney to file a remarry after foreign divorce philippines Petition for Judicial Recognition in the remarry after foreign divorce philippines 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 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.
After winning the case, the final 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.