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Title I — Marriage

Article 26

EO 209 · Family Code of the PhilippinesKey provision

ELI5— what this means for you

A marriage solemnized outside the Philippines in accordance with the laws of the country where it was celebrated is valid in the Philippines — IF it would also be valid under Philippine law. CRITICAL: If a Filipino is married to a foreigner abroad and the foreigner later obtains a valid divorce under their own country's laws, the Filipino spouse is allowed to remarry. This is the only way a divorce can indirectly free a Filipino to remarry.

Key point

Art. 26(2): If your foreign spouse gets a valid foreign divorce, you — the Filipino — may remarry after getting a court recognition of that foreign divorce in the Philippines.

Official text — EO 209

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Chapter 2. Marriages Exempted from License Requirement

Source: lawphil.net (EO 209 as amended)

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on marriage, annulment, property relations, custody, or support, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.