Can a Filipino Marry a Divorced Foreigner in the Philippines?

Yes, but the process is subject to legal considerations under Philippine law.

In the Philippines, divorce is not recognized between two Filipinos, but there are specific scenarios where a divorce obtained abroad can be recognized, especially when it involves a foreigner. According to Article 26 of the Family Code of the Philippines, if a Filipino is married to a foreigner, and the foreign spouse obtains a valid divorce abroad, the Filipino spouse is allowed to remarry. This provision applies when the divorce is initiated and finalized by the foreign spouse, effectively dissolving the marriage.

For example, if a Filipino wants to marry a foreigner who has been divorced abroad, such as in Hawaii, the foreigner must ensure that the divorce is legally binding under their local laws. As long as the foreign spouse can prove that the divorce is valid in their country, the Filipino party may marry the foreigner in the Philippines, provided that both individuals meet the other legal requirements for marriage, such as capacity to marry and no impediments (e.g., existing marriages or consanguinity).

However, if the Filipino is the one who obtained the divorce abroad, this divorce will not be recognized in the Philippines. In this case, the Filipino remains married under Philippine law and cannot remarry unless the prior marriage is annulled or declared null and void by a Philippine court.

To summarize, a Filipino can marry a divorced foreigner in the Philippines as long as the foreigner’s divorce is recognized as valid under their national law. However, if the divorce involves two Filipinos or was obtained by the Filipino spouse, this will not be recognized, and the Filipino cannot remarry unless they undergo annulment or nullification of the previous marriage.

In brief: A Filipino can marry a divorced foreigner in the Philippines as long as the foreigner's divorce is recognized under the foreigner's national law.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.