Dear Atty. Duran-Schulze,
I am a Filipino citizen and got divorced in the US. I recently got engaged and am wondering if my foreign divorce is already acknowledged in the Philippines or do I have to file anything for me to get remarry? Also how it will affect me if I change my last name to my fiancé‘s once married? Thank you.
Dear Writer,
Regarding your query, your foreign divorce is not automatically recognized in the Philippines.
The Supreme Court has ruled that a Filipino citizen who got divorced abroad must file for recognition of foreign divorce to be legally remarried. There would be legal issues with respect to a subsequent marriage if a court decision for recognition of foreign divorce was not first secured in the Philippines.
Once your foreign divorce is recognized, you may revert to your maiden name or even adopt your fiancé’s surname upon marriage. You can also purchase real properties without worrying about getting consent from your former spouse.
Additionally, a Certificate of No Marriage (CENOMAR) is required for you to get remarried. Without this certificate, you are still considered married in the Philippines.
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com for more information.
