Dear Attorney,

I hope this letter finds you well. I am reaching out to seek legal advice about my foreign boyfriend's situation. He was previously married in the Philippines to a Filipina, but they divorced in his home country and have long been separated. Now, we want to get married here in the Philippines. What is the process for him to be able to remarry legally? What steps must we take to ensure compliance with Philippine law?

Thank you for your guidance.

Sincerely,
A Hopeful Bride

Legal Considerations for Foreigners Divorced Abroad Seeking to Remarry in the Philippines

The Philippine legal system imposes strict rules on marriage, divorce, and remarriage. For your foreign boyfriend to remarry in the Philippines, certain legal requirements must be met, especially since he was previously married here. This response will discuss the relevant laws and processes in detail.

1. The Binding Effect of Philippine Marriage Law

Under Article 1 of the Family Code of the Philippines, marriage is a special contract of permanent union. A marriage solemnized in the Philippines is binding and cannot be dissolved except through specific legal grounds recognized under Philippine law.

In this case, if your foreign boyfriend’s first marriage occurred in the Philippines, it remains valid unless annulled, declared void, or legally recognized as dissolved through processes recognized by Philippine law. Divorce obtained abroad introduces complexities, particularly because the Philippines does not generally recognize divorce for Filipino citizens. However, there are exceptions for foreign spouses, which we will elaborate on.

2. Divorce Decrees and Their Recognition in the Philippines

Divorce for Foreigners in Philippine Law

In cases where the foreign spouse obtains a divorce abroad, the Philippines may recognize the divorce as valid under specific conditions. Article 26(2) of the Family Code states:

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

This provision primarily aims to benefit the Filipino spouse. However, the foreign spouse, in your case, can also argue that the foreign divorce decree grants them the legal capacity to remarry.

3. Procedural Steps to Recognize a Foreign Divorce in the Philippines

To enable your foreign boyfriend to remarry in the Philippines, he must take the following steps:

a. Secure the Foreign Divorce Decree

He should obtain a certified true copy of the divorce decree from the country where the divorce was granted. This document is essential to initiate the process in the Philippines.

b. Authenticate the Divorce Decree

The divorce decree must be authenticated by the Philippine Embassy or Consulate in the foreign country where it was issued. If the foreign country is a party to the Apostille Convention, an apostille may suffice.

c. File a Petition for Recognition of Foreign Divorce

The foreign divorce must be recognized by a Philippine court through a judicial process. This involves filing a petition for recognition of the foreign divorce before the Regional Trial Court (RTC) of the locality where either party resides or where the marriage was registered.

4. Legal Requirements for the Petition for Recognition

Jurisdiction

The RTC has jurisdiction over the petition for recognition. Either the foreigner or the Filipino spouse may file the petition. Your boyfriend must be represented by a licensed attorney in the Philippines to handle the legal proceedings.

Evidence Required

Certified Copy of the Divorce Decree: Proof of the foreign divorce.
Foreign Law on Divorce: Certified copies or expert testimony regarding the foreign law under which the divorce was granted.
Marriage Certificate: Issued by the Philippine Statistics Authority (PSA), proving the previous marriage.
Residency Requirements: Evidence of residency of the party filing the petition or where the marriage was registered.

Grounds for Recognition

The Philippine court will consider whether:

The divorce was validly obtained under the laws of the foreign spouse's country.
Both parties were given due process during the divorce proceedings.

5. The Court Process

The recognition process typically involves:

Filing the Petition: The lawyer files the petition for recognition of the foreign divorce with the RTC.
Court Proceedings: The court examines the evidence presented and may call witnesses to validate the divorce decree.
Decision: If the court finds the divorce valid under the foreign law and grants recognition, the marriage is deemed dissolved in the Philippines.

6. Updating Civil Status and Documentation

Once the court grants recognition of the foreign divorce, your boyfriend must update his civil status in Philippine records:

Register the Court Decision: File the decision with the PSA for annotation on the marriage certificate.
Apply for a Certificate of No Marriage (CENOMAR): After registration, the PSA can issue a CENOMAR, which he will need for your marriage application.

7. Special Concerns for Remarriage

Compliance with Foreign Laws

If you intend to marry abroad or in a foreign jurisdiction, ensure that the foreign divorce is also recognized in the country where you plan to marry.

Delays in Court Processes

Judicial recognition of a foreign divorce can take months or even years, depending on the complexity of the case and the court's docket. Engage a competent attorney to expedite the process.

Legal Impediments

If the court denies recognition of the foreign divorce (e.g., due to procedural defects in the foreign divorce), annulment or declaration of nullity of the prior marriage may be pursued instead.

8. Practical Considerations and Recommendations

Consult an Expert Attorney

Given the legal intricacies, hire an experienced family law attorney who has handled similar cases. They can guide your boyfriend through each step, from gathering evidence to filing the petition.

Prepare Financially

Court proceedings involve legal fees, filing costs, and potential expenses for expert witnesses (e.g., foreign law experts).

Gather Evidence Early

Ensure all necessary documents are collected and authenticated before filing to avoid delays.

Conclusion

While Philippine law presents challenges for foreigners previously married in the Philippines to remarry after obtaining a foreign divorce, the process is not insurmountable. By seeking judicial recognition of the foreign divorce, your boyfriend can establish the legal capacity to remarry under Philippine law. Proper guidance and thorough preparation are essential to navigate the legal and procedural hurdles effectively.

If you need further clarification or assistance, feel free to reach out for legal advice or representation.