Marriage Requirements for Foreigners with Previously Married Filipino Spouses
Philippine Legal Framework and Practical Guidelines

1. Introduction

In the Philippines, marriage is governed primarily by the Family Code of the Philippines (Executive Order No. 209, as amended). The law is particularly strict on the validity of subsequent marriages when one of the parties has been previously married. For foreigners seeking to marry a Filipino who was previously married, understanding the legal requirements and procedures is crucial. This article provides an overview of the key points, relevant laws, and processes involved.

2. Basic Legal Concepts

Indissolubility of Marriage (General Rule)
Under Philippine law, marriage is considered a permanent union, and a subsequent marriage cannot legally occur unless the first marriage has been dissolved or declared void. Unlike in many other jurisdictions, divorce is not generally recognized for Filipino citizens, except in specific scenarios provided under the law and jurisprudence.
Recognition of Foreign Divorce
A divorce obtained abroad can be recognized in the Philippines only if it is initiated by a foreign spouse against a Filipino. This rule was clarified in the case of Republic v. Orbecido III (G.R. No. 154380, October 5, 2005) and later jurisprudence. In effect, if the foreign spouse obtains a valid divorce abroad, the Filipino spouse is allowed to remarry in the Philippines, but only after securing a judicial recognition of that foreign divorce before Philippine courts.
Annulment, Declaration of Nullity, or Death of Former Spouse
- Annulment or Declaration of Nullity: If a Filipino’s prior marriage is deemed voidable or void under the Family Code, a court decision (a final judgment) declaring the marriage annulled or null is necessary before the Filipino can lawfully marry again.
- Death of Former Spouse: A death certificate must be presented to prove that the Filipino’s prior spouse has passed away, thus freeing the Filipino to marry again.

In short, for a previously married Filipino, there must be a valid legal termination of the prior marriage—whether by death of the spouse, a Philippine court’s final judgment of nullity/annulment, or a judicially recognized foreign divorce—before entering into a new marriage.

3. Requirements for the Foreigner

When a foreign national intends to marry in the Philippines, local civil registrars generally require:

Legal Capacity to Contract Marriage
Most Philippine Local Civil Registry Offices (LCROs) will require the foreigner to secure a Certificate of Legal Capacity to Marry (sometimes called a “Certificate of No Impediment”) from the foreigner’s Embassy or Consulate. This certification attests that the foreigner is legally free to marry under their home country’s laws.
Passport and Valid Identification
A valid passport with appropriate visas and possibly other government-issued IDs (depending on the LCRO’s policies).
Proof of Termination of Prior Marriage (If Previously Married)
If the foreigner was also previously married, they must present evidence that the previous marriage has been dissolved, such as:
- Divorce decree (recognized under the foreigner’s country’s laws)
- Death certificate of the former spouse
- Annulment or nullity decree (if applicable under the foreigner’s personal laws)
Affidavit of Marital Status or Similar
An affidavit attesting to the foreigner’s current marital status, usually required by the LCRO, to be executed under oath.
Other Embassy or LCRO-Specific Requirements
Depending on the foreigner’s nationality, the relevant embassy may have additional documentary requirements (e.g., proof of residency, proof of capacity to support, police clearance, etc.). It is best to verify the list of requirements with the specific LCRO where the marriage license will be applied for, and consult the foreigner’s embassy.

4. Requirements for the Previously Married Filipino

The Filipino partner, who was previously married, must prove that their prior marriage has been legally terminated. The following are typical requirements:

Judicial Decree of Annulment, Declaration of Nullity, or Judicial Recognition of Foreign Divorce
- A Certified True Copy of the final decree or decision from a Philippine court that the previous marriage is annulled/declared null, or
- A court order recognizing the foreign divorce in the Philippines (if the divorce was obtained abroad by the former foreign spouse).
  In all cases, the court decision must be accompanied by a Certificate of Finality.
Certificate of No Marriage (CENOMAR)/Advisory on Marriages
Issued by the Philippine Statistics Authority (PSA), this document will either show no record of a prior marriage (in rare circumstances when the previous marriage was void from the start and not registered) or reflect details of the prior marriage and the subsequent annotation of its dissolution or nullity.
Death Certificate (If Applicable)
If the previous spouse is deceased, the Filipino must present the PSA-issued death certificate as proof of the termination of the marriage by death.
Valid Government-Issued IDs
The Filipino partner must present valid identification documents such as a passport, driver’s license, or any government ID.

5. Step-by-Step Process for Obtaining a Marriage License

To validly contract marriage in the Philippines, the parties must obtain a marriage license from the LCRO where the Filipino partner habitually resides (or where either partner resides). Below is the typical process:

Gather All Required Documents
- For the foreigner: Certificate of Legal Capacity to Marry from their Embassy/Consulate, passport, proof of termination of any previous marriage.
- For the Filipino: PSA documents (CENOMAR/Advisory on Marriages, Birth Certificate, court decrees/death certificate), valid IDs.
Visit the Local Civil Registry Office (LCRO)
Both parties must personally appear to file the application for a marriage license. Submit all required documentation. An Affidavit of Parental Consent or Advice may be needed if one party is 18–25 years old.
Mandatory Pre-Marriage Counseling
Some LGUs require couples to attend a Pre-Marriage Counseling or Family Planning Seminar before the marriage license is issued.
Posting or Publication Period
Under Philippine law, the application for a marriage license is subject to a 10-day posting period on a bulletin board at the LCRO. This is to allow any interested party to raise a valid objection to the marriage, if any.
Issuance of Marriage License
If no objections arise during the posting period and all documentary requirements have been met, the LCRO will issue the marriage license, which is valid for 120 days from the date of issuance, anywhere in the Philippines.
Conduct the Marriage Ceremony
With a valid marriage license, the couple may marry in a church, court, or other authorized venue, officiated by a person authorized under Philippine law (e.g., judge, authorized religious minister, consul in a Philippine embassy abroad).
Marriage Registration
After the ceremony, the officiant must submit the duly signed marriage certificate to the LCRO for registration. The couple can then request a certified copy of the registered marriage certificate from the LCRO or from the PSA.

6. Key Legal Considerations

Bigamy and Criminal Liability
Entering into a subsequent marriage without terminating the previous one can lead to criminal charges for bigamy under the Revised Penal Code of the Philippines. This underscores the importance of ensuring that all legal processes (annulment, nullity, or recognition of foreign divorce) are completed before remarrying.
Judicial Recognition of Foreign Divorce
- If the Filipino’s former spouse is a foreigner who obtained a divorce abroad, that divorce must still be recognized by a Philippine court.
- The judicial recognition process involves filing a petition in a Regional Trial Court in the Philippines. The court will determine whether the foreign divorce was validly obtained and is consistent with the foreigner’s national laws.
- Once recognized by the Philippine court, the judgment is registered with the LCRO and the PSA so that the Filipino’s civil status is updated to reflect that they are free to remarry.
Document Authenticity and Apostille
Foreign documents, such as a foreign divorce decree or birth certificates, often need to be “apostilled” (or authenticated, depending on the country’s treaty obligations) for use in the Philippines.
Age Requirements
- The minimum age for marriage in the Philippines is 18.
- Additional documentation (parental consent or advice) is required for persons between 18 and 25 years old.
Potential Embassy and Visa Issues
If the foreigner intends to reside or extend their stay in the Philippines after the marriage, they must also comply with the Bureau of Immigration’s rules (e.g., securing a 13(a) marriage visa if applicable). Meanwhile, the foreigner’s home country might require post-marriage registration or documentary filings.

7. Practical Tips

Start Early: If a judicial recognition of foreign divorce or an annulment is needed, the process can be lengthy in Philippine courts. Plan the timeline for your wedding with ample allowance for legal proceedings.
Consult a Lawyer: Given the complexities of Philippine family law, especially when foreign divorce recognition or an annulment is involved, seeking professional legal assistance is highly recommended.
Verify Requirements with LCRO: Different Local Civil Registry Offices may have slightly different documentary or procedural requirements. Contact the LCRO where you plan to apply for a marriage license to confirm.
Maintain Multiple Copies: Keep certified true copies of all critical documents—court decisions, certificates of finality, PSA certifications—in case additional copies are requested.
Beware of Scams: Only transact with official government offices and accredited attorneys. Be cautious of anyone offering “shortcuts” or “fixers.”

8. Conclusion

Marrying in the Philippines involves navigating a detailed legal framework, more so when one party is a foreigner and the Filipino partner has a previous marriage on record. The key to compliance is ensuring that the prior marriage is definitively terminated—by death, a valid court decree of nullity/annulment, or a recognized foreign divorce—before applying for a new marriage license. By gathering the required documents, following the LCRO procedures, and seeking legal advice where necessary, couples can avoid legal complications and confidently celebrate their union under Philippine law.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For any specific concerns or complex circumstances, it is advisable to consult a qualified Philippine attorney or the relevant government agencies.