Disclaimer: The information provided in this article is for general informational purposes only and is not legal advice. Laws, regulations, and procedural rules may change, and individual circumstances can vary widely. If you need legal assistance or advice specific to your situation, please consult a qualified attorney in the Philippines.

Introduction

In the Philippines, obtaining a divorce so that one can remarry is a complex issue because absolute divorce between two Filipino citizens is generally not recognized by Philippine law. However, there are limited circumstances under which a divorce can be obtained or recognized for the purpose of legally ending a marriage and allowing the parties to remarry. This article provides an in-depth discussion of how to finalize your divorce—or its legal equivalents in the Philippine context—so you can eventually remarry. We will cover:

The Legal Framework on Marriage and Divorce in the Philippines
Cases Where Divorce Can Be Recognized
Alternatives to Divorce (Annulment and Declaration of Nullity)
Procedures for Finalizing a Divorce or Annulment
Requirements for Remarriage After Marriage Dissolution
Special Considerations for Muslim Filipinos
Frequently Asked Questions (FAQs)

1. The Legal Framework on Marriage and Divorce in the Philippines

1.1. General Rule: No Absolute Divorce for Two Filipino Citizens

Under the 1987 Constitution and the Family Code of the Philippines (Executive Order No. 209, as amended), divorce is generally not recognized as a means to dissolve a marriage between two Filipino citizens. A marriage once contracted is presumed valid and binding until death or until declared otherwise by a competent court (through annulment or nullity proceedings).

1.2. Exceptions

Muslim Filipinos: Under the Code of Muslim Personal Laws (Presidential Decree No. 1083), divorce is recognized among Muslims or when a mixed marriage (Muslim and non-Muslim) is solemnized under Muslim rites, subject to specific conditions.
Foreign Divorce for Mixed Nationality Marriages (Article 26 of the Family Code): If a Filipino is married to a foreign national, and the foreign national obtains a valid divorce abroad, the divorce can be recognized in the Philippines under certain conditions. This recognition will allow the Filipino spouse to remarry if the foreign divorce decree is judicially recognized by a Philippine court.

2. Cases Where Divorce Can Be Recognized

2.1. Foreign Divorce Obtained by a Foreign Spouse

Article 26(2) of the Family Code provides:

“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have the capacity to remarry under Philippine law.”

This provision allows the Filipino spouse to recognize the foreign divorce decree in the Philippines, effectively dissolving the marriage under Philippine law and granting the Filipino spouse the right to remarry.

Requirements for Recognition

Valid Foreign Divorce Decree: Must be obtained in a country where divorce is legal.
Proof of Foreign Law: A copy of the foreign law governing the divorce must be presented as part of the evidence, usually accompanied by an official translation if not in English.
Judicial Recognition: The Philippine courts must judicially recognize the foreign divorce decree. Simply having a divorce paper from abroad is not automatically recognized in the Philippines without a court proceeding.

2.2. Divorce Under the Code of Muslim Personal Laws

Muslim Filipinos may obtain a divorce under Presidential Decree No. 1083, which recognizes different forms of divorce consistent with Islamic law (e.g., talaq, khula, mubara’at, li’an). Once a divorce is granted under this system and duly registered:

The parties are free to remarry following the prescribed iddah (waiting period) under Islamic law.
The divorce should be registered with the local civil registry and the Philippine Statistics Authority (PSA) to ensure proper documentation.

3. Alternatives to Divorce (Annulment and Declaration of Nullity)

For Filipino couples (both Filipino citizens) who wish to end their marriage—because absolute divorce is not allowed—there are two primary legal routes: Annulment and Declaration of Nullity. These proceedings, once final, allow the parties to remarry.

3.1. Declaration of Nullity of Void Marriages

A marriage may be deemed void from the beginning if it suffers from certain fundamental defects, such as:

Psychological incapacity (Article 36, Family Code).
Incestuous marriages or bigamous marriages.
Lack of a valid marriage license (except in certain special cases, e.g., exceptional character of marriages in articulo mortis).
Marriage between minors (under specific conditions) without parental consent, etc.

If the court declares the marriage void, it is treated as if it never existed. After the decision attains finality, the parties can have the marriage certificate annotated to reflect the nullity and be free to remarry.

3.2. Annulment of Voidable Marriages

A marriage is voidable and can be annulled for specific grounds (e.g., lack of parental consent if one party was 18 but below 21 years old at the time of marriage, fraud, force, impotence, sexually transmissible disease, etc.). If an annulment petition is granted by the court, the marriage is considered valid until it is annulled; once the court decision is final, the marriage is dissolved, and the parties are free to remarry.

4. Procedures for Finalizing a Divorce or Annulment

Although the terminology “divorce” is used loosely, in the Philippine setting you finalize either:

A recognized foreign divorce (for mixed-nationality marriages or Muslim divorces), or
A court decision on annulment or nullity (for marriages between Filipino citizens).

Below is a general overview:

4.1. Judicial Recognition of a Foreign Divorce

Obtain the Foreign Divorce Decree: The foreign spouse usually initiates and obtains the divorce in his/her country (or in another country where both parties have legal residence).
Hire a Philippine Lawyer: To file a petition for “Judicial Recognition of Foreign Divorce” in the Regional Trial Court (RTC) in the Philippines.
Gather Evidence:
- Original or certified true copy of the foreign divorce decree.
- Officially authenticated documents (Apostilled or authenticated by the Philippine Embassy/Consulate).
- Copy of the foreign law on divorce (with certified translation if needed).
Court Proceedings: The court will examine the evidence to confirm that the divorce was validly obtained and that both parties had the legal capacity to divorce under foreign law.
Decision and Entry of Judgment: If the court recognizes the foreign divorce, a decision is issued. Once it becomes final (after the lapse of the period for appeal), a Certificate of Finality is issued by the court.
Annotation of Records: The Filipino spouse must register the court’s final decision with the Local Civil Registrar (LCR) where the marriage was recorded and with the Philippine Statistics Authority (PSA). The final annotated marriage certificate will reflect the dissolution, allowing the Filipino spouse to remarry.

4.2. Annulment or Declaration of Nullity in the Philippines

Consult a Lawyer: Discuss grounds and gather initial documentation (marriage certificate, proof of grounds, etc.).
Filing of Petition: Your lawyer will file the petition with the proper Regional Trial Court (Family Court).
Court Process:
- Summons to the other party.
- Pre-trial and trial proper, presentation of evidence, witnesses, possible psychological evaluation for psychological incapacity cases.
- Decision rendered by the court.
Certificate of Finality: If the petition is granted and no appeal is filed within the prescribed period, the decision becomes final.
Annotation with the PSA: The final decree and Certificate of Finality must be submitted to the Local Civil Registrar and the PSA. The PSA will annotate the marriage certificate, reflecting its annulment or nullity. This annotation is essential proof for the right to remarry.

5. Requirements for Remarriage After Marriage Dissolution

Whether the marriage is ended via recognized foreign divorce, declaration of nullity, or annulment, the essential steps before remarriage are:

Obtain the Certified Copy of the Court Decision and Certificate of Finality.
Present the Decision and Certificate of Finality to the Local Civil Registrar where the marriage was originally registered.
Secure the Annotated Marriage Certificate from the PSA. This updated PSA marriage certificate should show the annotation regarding the dissolution or nullity of the marriage.
Proceed with New Marriage License Application: If all records are in order and the previous marriage is deemed dissolved/null, you can apply for a marriage license to remarry.

6. Special Considerations for Muslim Filipinos

The Code of Muslim Personal Laws (P.D. 1083) governs marriages and divorces among Muslims or mixed marriages solemnized under Islamic rites.
Divorce proceedings may be settled in the Shari’a Circuit Court, with different forms of divorce recognized.
After a divorce is granted, the woman observes the iddah or waiting period before remarrying.
Registration with the Local Civil Registrar and the PSA is still necessary to ensure proper civil effects of the divorce.

7. Frequently Asked Questions (FAQs)

7.1. Is divorce completely illegal in the Philippines?

While absolute divorce between two Filipino citizens under civil law is not permitted, there are exceptions:

Divorce under the Code of Muslim Personal Laws for Muslim Filipinos.
Recognition of a foreign divorce obtained by a foreign spouse.

7.2. Can a Filipino spouse who obtains a divorce abroad use it in the Philippines?

Philippine courts currently require that the foreign spouse must be the one to initiate and obtain the divorce abroad. If the Filipino spouse is the one who obtains the divorce abroad, strict requirements apply, and historically, courts have interpreted Article 26(2) to primarily cover divorces initiated by the foreign spouse. Nevertheless, some judicial precedents have recognized divorce obtained by a Filipino spouse if the latter also had foreign citizenship (dual citizenship) or was naturalized as a foreign citizen prior to filing the divorce.

7.3. What happens if I get divorced abroad without going through judicial recognition?

That divorce is not automatically recognized in the Philippines. The marriage remains valid under Philippine law unless a Philippine court issues a decision recognizing the foreign divorce.

7.4. How long does an annulment or judicial recognition case take?

It varies depending on the court’s docket, complexity of issues, availability of witnesses, and any appeals. On average, these cases can take anywhere from one to two years (sometimes longer).

7.5. What are the costs involved?

Costs vary widely. Expect to pay for court fees, professional fees for the lawyer, psychologist (if claiming psychological incapacity), and other documentation. Recognizing a foreign divorce also involves attorney’s fees, translation fees, and authentication of foreign documents.

7.6. Is there a pending divorce bill in the Philippines?

As of this writing, there have been multiple attempts to legalize divorce in the Philippines. However, no absolute divorce law has been enacted for civil marriages as of yet. Thus, the existing legal routes remain (1) Annulment, (2) Declaration of Nullity, and (3) Recognition of Foreign Divorce (or Islamic Divorce for Muslims).

Conclusion

Finalizing a “divorce” in the Philippine context generally involves either (1) judicial recognition of a valid foreign divorce obtained by or from a foreign spouse, or (2) annulment/declaration of nullity if the parties are both Filipino citizens. Muslim Filipinos may also obtain a divorce under the Code of Muslim Personal Laws.

Whichever route applies, the crucial step after a court ruling is to secure a Certificate of Finality and have the marriage certificate annotated at the Philippine Statistics Authority and Local Civil Registrar. Only after proper annotation will the marriage be considered legally dissolved, allowing you to remarry without risk of committing bigamy.

If you find yourself needing to dissolve a marriage for the purpose of remarrying, consult a qualified family law attorney to assess your case and guide you through the appropriate legal proceedings.