Question: Can a Filipino marry a person who obtained a divorce abroad?

Under Philippine law, divorce is not recognized between Filipino citizens, even if the divorce was obtained abroad. This means that if a Filipino citizen marries someone who was divorced in another country, that marriage may not be automatically valid in the Philippines.

However, there are specific exceptions, particularly when the divorced individual is a foreign national. If a foreigner obtains a valid divorce in their country and their spouse is Filipino, that foreign divorce can be recognized in the Philippines. This exception is covered by Article 26 of the Family Code of the Philippines, which allows a Filipino spouse to remarry, provided that the foreign spouse was the one who initiated and obtained the divorce, effectively ending the marriage.

To remarry in the Philippines after a foreign divorce, the Filipino spouse must file a petition for judicial recognition of the foreign divorce decree. This involves submitting evidence that the divorce was validly obtained according to the foreign country's laws. Without this recognition from a Philippine court, the Filipino spouse would still be considered married under Philippine law and unable to remarry legally.

In summary, while divorce is generally not recognized between Filipino citizens, exceptions exist when one spouse is a foreign national. For the Filipino spouse, the foreign divorce must be judicially recognized in the Philippines before any remarriage can occur.