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

For many Filipinos, the dream of a second chance at love often hits a legal roadblock known as the "foreign divorce" rule.

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.

Why You Need a Court Order
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.

Are You Eligible to Remarry?
There are generally two situations where this applies:

A marriage between a Filipino and a foreign national where the foreign spouse initiates the remarry after foreign divorce philippines divorce.

Filipinos who have acquired foreign citizenship and subsequently divorced their spouse.

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

Step-by-Step Process to Regain Capacity to Remarry
The process can be time-consuming, usually remarry after foreign divorce philippines taking anywhere from several months to over a year, depending on the court's docket.

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 an official copy of the foreign country's divorce laws.

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

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.

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