Getting Prepared For The Philippines > Laws, Regulations, Taxes as Applied to Foreigners

Foreigner Divorce from a Philippine marriage to marry again

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Lee2:
Can someone tell us the law that makes it okay for a foreigner, who was married in the Philippines to a Filipina and then divorced her back in his home country, to be able to marry another in the Philippines?

Peter:
Lee,

It is covered under the RA 8533 (Otherwise known as the Family Code of the Philippines) Chapter !, para 26, as amended.

I remember the RA, and the EOs governing this, were amended in 2010 or thereabouts.

Basically, a foreigner who instigates the divorce, outside the Philippines obviously, is free to remarry, as is the Filipino/a spouse.

If the Filipino/a instigates the divorce, the foreigner is OK to remarry, but the Filipino/a is not.

Fair? No it's not, but maybe change is on the way.

Peter

Lee2:

--- Quote from: Peter on March 26, 2018, 04:58:30 PM ---Lee,

It is covered under the RA 8533 (Otherwise known as the Family Code of the Philippines) Chapter !, para 26, as amended.

I remember the RA, and the EOs governing this, were amended in 2010 or thereabouts.

Basically, a foreigner who instigates the divorce, outside the Philippines obviously, is free to remarry, as is the Filipino/a spouse.

If the Filipino/a instigates the divorce, the foreigner is OK to remarry, but the Filipino/a is not.

Fair? No it's not, but maybe change is on the way.

Peter

--- End quote ---
Thank you Peter but I need the exact section, I have been looking for where it says what you wrote above. I have a friend who married a lady in the Philippines and she divorced him in the U.S. years ago and now he wants to get married again. I told this fellow the same thing but it seems the govt here refuses to recognize his divorce without it going to the courts here and I do not understand why, we have always been told foreigners can marry again.

Peter:
Lee.

I'm away from the PC, but will dig out the exact reference tomorrow.

Peter, not so smart on a smart phone

suzukig1:

--- Quote from: Lee2 on March 26, 2018, 05:18:22 PM ---Thank you Peter but I need the exact section, I have been looking for where it says what you wrote above. I have a friend who married a lady in the Philippines and she divorced him in the U.S. years ago and now he wants to get married again. I told this fellow the same thing but it seems the govt here refuses to recognize his divorce without it going to the courts here and I do not understand why, we have always been told foreigners can marry again.

--- End quote ---


The PHL recognizes foreign divorces but it is not automatic if the marriage was registered in the PHL.

Unfortunately, it sounds like the LGU where your friend wants to get married requires a CENOMAR (Certificate of No Marriage Record) from the PSA for the foreigner as well.  Some municipalities have this requirement.  If a CENOMAR is required and the person was previously married in the PHL, then the divorce needs to be "recorded" at the PSA.  To get a marriage record changed at the PSA you need to go through the PHL courts to get a court order for the PSA to change the record.

Technically, the article linked below applies to PHL citizens.  The PHL laws on marriage and divorce don't apply to a foreigner.  So it might be easier for a foreigner to get a court order to change a PSA marriage record.  However, I think a court order is still needed to change the PSA marriage record.

http://www.philstar.com/freeman-opinion/2015/04/23/1446966/recognition-foreign-divorce-decree-philippine-courts-1

Recognition of foreign divorce decree in Philippine courts (1)

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