TL;DR

In the Philippines, a prior marriage continues to exist until (1) a foreign divorce is final under the foreign law, and (2) that divorce is judicially recognized by a Philippine court. If the foreign divorce is only filed, interlocutory (e.g., decree nisi), on appeal, or not yet recognized here, the first marriage remains subsisting. Contracting a new marriage in the meantime risks a void bigamous marriage, possible bigamy prosecution, and complex issues on property and children’s status.

I. Core Legal Concepts

Lex loci celebrationis vs. status/capacity Philippine law generally upholds marriages valid where celebrated, but capacity to marry is governed by one’s national law. A Filipino’s capacity to remarry is governed by Philippine law; a foreign spouse’s capacity is governed by their foreign law.
Foreign divorce The Philippines does not have absolute divorce for Filipino-to-Filipino marriages. Foreign divorces can affect capacity but must be final abroad and recognized by a Philippine court before they produce effects here.
Judicial recognition (not re-litigation) of foreign judgment A petition in the Regional Trial Court (RTC) is required to recognize a foreign divorce decree and the foreign law that allowed it. The court does not retry the divorce; it verifies due process, finality, authenticity, and applicability.

II. Why “Not Finalized” Matters

A. Stages of foreign divorce

Filed / pending: No legal effect yet.
Interlocutory (e.g., decree nisi): Not yet absolute; no effect here.
Final abroad: Becomes effective under that foreign law but still needs recognition by a Philippine court to have domestic effect.

B. Philippine consequences while not finalized (or not yet recognized)

The first marriage remains valid in the Philippines.
Any second marriage during this period is void for bigamy (a marriage contracted while a prior valid marriage subsists).
Civil Registry (PSA) records remain “married” until a court decision recognizing the foreign divorce is annotated; you generally cannot validly obtain a marriage license as “single.”

III. Who Can Rely on a Foreign Divorce?

Mixed marriages (Filipino + foreigner) If the foreign spouse obtains a valid foreign divorce that dissolves the marriage and allows them to remarry under their national law, the Filipino spouse may also be treated as capacitated to remarry—after judicial recognition in the Philippines.
Filipino who obtains the foreign divorce Philippine jurisprudence has allowed recognition of a foreign divorce secured by the Filipino spouse as well, provided the divorce is valid and effective under the foreign law and is properly proven and recognized here. But: until recognized, the Philippine legal system still treats the first marriage as subsisting.

IV. Recognition Case: What the Court Requires

To recognize the foreign divorce, you must prove both:

The foreign judgment (divorce decree, certificate of finality, docket history if needed), and
The foreign law that authorized the divorce, its requirements, and that the decree is final and effective.

Evidentiary notes:

Use apostilled (or consular-authenticated) copies of the decree and the foreign law; submit sworn translations if not in English/Filipino.
Foreign law is a question of fact in Philippine courts; it must be alleged and proven, often through official publications, attested copies, or expert testimony.
The RTC’s decision is then recorded/annotated with the PSA to update civil status. Only after annotation will government records reflect the capacity to remarry.

V. Effects If You Remarry Before Finalization/Recognition

A. Civil status of the second marriage

Void ab initio for bigamy (prior marriage still existing). It does not become valid retroactively even if the foreign divorce later becomes final or is later recognized.

B. Criminal exposure

Bigamy (Art. 349, Revised Penal Code) is consummated when a person marries again while a prior valid marriage exists.
A subsequent recognition or nullity decree typically does not erase the fact that, at the time of the second marriage, the first marriage subsisted.
Reliance on a pending or interlocutory divorce is not a defense; the safe course is to wait for finality and obtain recognition before remarrying.

C. Property relations during a void second union

Property acquired during a bigamous cohabitation falls under Article 148 of the Family Code (when at least one party is married to another).
- Only properties acquired by both through their actual joint contributions (money, property, industry) may be co-owned in proportion to contributions.
- If one or both acted in bad faith, their share may be forfeited in favor of their common children or the innocent spouse, as the case may be.

D. Children’s status

Children from a void bigamous marriage are generally illegitimate under current rules (subject to later statutory reforms, if any). They still have rights to support and successional rights from the mother and, under specific conditions, from the father (e.g., acknowledgment), but not full legitimate status by reason of the void marriage alone.

VI. Practical Compliance Roadmap

Finish the foreign divorce
- Ensure it’s absolute/final under the foreign law (watch for decree nisi vs. decree absolute, appeal periods, and finality certificates).
Prepare for recognition in the Philippines
- Gather:
  - Apostilled divorce decree and certificate of finality;
  - Apostilled copy/printout of the foreign statute/case law governing divorce;
  - Certified translation if needed;
  - Proof of nationalities at the time of divorce and marriage (passports, CENOMAR/marriage certificate, etc.).
- File an RTC petition for recognition of foreign judgment (with prayer for PSA annotation).
Wait for the RTC decision and PSA annotation
- Only after final recognition and annotation will your Philippine civil status reflect capacity to remarry and will licensing officers accept you as legally capacitated.
Do not remarry yet
- Contracting a marriage before recognition invites nullity and criminal risk—even if your foreign divorce is already final abroad.
Property & estate planning
- Until recognition, treat the first marriage as legally controlling for conjugal/property questions in the Philippines.
- If you have a partner, avoid commingling assets; keep documented contributions separate to mitigate disputes under Art. 148.
Children & support
- Regardless of marital validity, child support obligations remain. Coordinate filing/acknowledgment steps to protect children’s rights while your status is regularized.

VII. Special Scenarios

Foreign spouse initiates divorce; Filipino remains in PH Once the divorce is final abroad, the Filipino may file for recognition here. Before recognition, the Filipino is still married locally.
Both spouses are foreigners but married in the Philippines A valid foreign divorce that is final abroad may also be recognized here to settle records and property questions. Recognition/annotation is still the cleanest path to avoid downstream conflicts.
Annulment vs. recognition
- Annulment/declaration of nullity targets defects under Philippine law in the original marriage.
- Recognition targets the effect of a foreign divorce/foreign law. Choose the path that fits your facts; mixing the two without strategy can create delays and inconsistent records.
Subsequent bigamy case filed A pending or later recognition case does not automatically suspend or extinguish criminal liability; consult counsel quickly for coordinated defense strategy.

VIII. Frequently Asked Questions

Q1: My foreign divorce is final abroad. Can I remarry in the Philippines right away? No. You must first obtain judicial recognition in the Philippines and PSA annotation. Only then will licensing authorities accept your capacity to remarry.

Q2: What if my divorce abroad is still on appeal or only a decree nisi? You are still married here. A second marriage now would be void and could lead to bigamy charges.

Q3: If the foreign divorce becomes final after my second marriage, does it cure the defect? Generally no. Validity is measured at the time of the second marriage. A later divorce/recognition does not retroactively validate a bigamous marriage.

Q4: Can I just register the foreign divorce at the PSA without going to court? No. The PSA requires a court decision recognizing the foreign judgment before it can annotate your civil registry records.

Q5: Do I need an expert to prove foreign law? Often yes. Foreign law must be properly proven (official publications/attested copies; expert testimony where appropriate). Unproven foreign law is treated as inexistent, which can sink a recognition petition.

IX. Action Checklist

Confirm finality of the foreign divorce (get the certificate of finality).
Secure apostilled copies of the decree and foreign law; certified translations if needed.
File RTC petition for recognition; include prayer for PSA annotation.
Wait for the decision to become final and the PSA annotation to issue.
Only then apply for a marriage license or make consequential property/estate moves.
If already in a second union, seek counsel on nullity, property partition (Art. 148), and children’s rights—and address any criminal exposure promptly.

X. Bottom Line

If a foreign divorce is not finalized—or finalized but not yet recognized in the Philippines—your first marriage remains valid here. Any new marriage in the interim is void and may expose you to bigamy. The safe, lawful path is: finalize abroad → prove foreign law → obtain RTC recognition → PSA annotation → remarry.