Right to remarry in the Philippines of a divorced Filipino in a mixed marriage

Let us say you met a foreign citizen. You eventually fell in love with each other and later got married.

But years after, your marriage turned sour. Despite all efforts exerted, you and your foreign spouse failed to save it.

He soon obtained a divorce decree abroad. And it capacitated him to remarry, which he later did.

You now find yourself in a very absurd and unfair situation.

Why?

Because you remain married to him under our laws and yet he is no longer married to you.

To avoid this kind of situation, a provision was added to our laws to the effect that a Filipino in a mixed marriage is allowed to get married again in the Philippines once a divorce is obtained abroad that capacitates her foreign spouse to remarry.

By a mixed marriage, I am of course referring to a marriage between a Filipino and a foreign citizen.

But remember that your right to remarry in the Philippines as a divorced Filipino in a mixed marriage is not automatic.

Why?

Because you need to go to a Philippine court first and file a petition to have the foreign divorced decree recognized.

Bear in mind that you will only be allowed to get married again if you already have such court recognition with you.

[References: Second Paragraph of Article 26 of the Family Code of the Philippines, Grace J. Garcia, a.k.a. Grace J. Garcia-Recio vs. Rederick A. Recio, G.R. No. 138322, October 2, 2001, Republic of the Philippines vs. Cipriano Orbecido III, G.R. No. 154380, October 5, 2005, Gerbert R. Corpuz vs. Daisylyn Sto. Tomas and The Solicitor General, G.R. No. 186571,  August 11, 2010, Edelina T. Ando vs. Department of Foreign Affairs, G.R. No. 195432, August 27, 2014, and Republic of the Philippines vs. Marelyn Tanedo Manalo, G.R. No. 221029, April 24, 2018] 

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