Marrying of a Divorced Filipina

It does not happen very often, but it happens: Even German-Philippine marriages can be divorced. And of course the divorced Filipina is able to marry again. Or? Well, there are a few things to be considered....

Of course did the previous husband and the Filipina register their marriage with the Philippine Embassy, to get the new name properly registered in her passport. Probably this has happened with the divorced Filipina. This registration will be forwarded by the embassy to the NSO in Manila. This will take 2-3 month, but then the Filipina is officially married in the Philippines as well and she could get a Philippine Marriage certificate as well. But.....

After the divorce the Filipina typically is so happy that she completely forgets to register her divorce with the Philippine Embassy. This means, according to the Philippine laws she is still married. Unfortunately (well, obviously) the German marriage office need a certification for the bride that she is able to marry again, i.e. the divorce certification from the NSO. Oops...

Ok, first the divorce has to be registered with the Philippine Embassy. They will forward this information to the NSO in Manila. 2-3 month later the NSO knows about the divorce and the Filipina can get a divorce certificate form the NSO, even when there is no divorce possible in the Philippines.  But careful: this only applies when not the Filipina filed the divorce. When the Filipina filed the divorce this would be valid for Germany, but not for the Philippines. So she is able to remarry in Germany, but she cannot get a new passport with her new name. According to the Philippines she is still married to her ex-husband.

So what to, what does the marriage office need?:

a) Birth certificate from the NSO on Secpa
b) Certified copy of the divorce entry in the <family book> of the ex husband from the marriage office responsible for the ex. )
c) Legal Capacity to Contract marriage (Problem!!! See below)
d) Single Certificate or divorce certificate (see above)
e) Certified Affidavit with the following content: 1) that she had been married, 2. that she was divorced and 3. that she did not enter any relation thereafter.
f) Valid Philippine passport with a residence permit for Germany.

ad a) Can be requested form the NSO in Manila. Either your family can organize that or there are agents available which can help. But attention: The German marriage office needs that document only on Secpa, but the Philippine embassy needs that document fully certified (red Ribbon!). 

ad c) The Legal Capacity to Contract Marriage, done by the Philippine Embassy. This can be done only in person. They need: 
1) The Birth Certificate, see a)
2) Valid Passport
3) Passport Picture
4) Passport Picture of Fiancée
5) Copy of Passport of Fiancée
6) Divorce Document from the German Court, preferably in English (if not registered properly before)
7) Copy of old wedding certificate with ex husband.

In case that the divorce had not been registered before, no real problem. The embassy still will issue the required <Legal capacity to Contract Marriage>, and will forward that information to the NSO.