What Is Divorce Law in the Philippines?
Philippines couples wishing to break away are only available through annulment – an expensive and lengthy process – but thanks to a law passed by the House of Representatives last May, it could all change.
Conservative forces in the Philippines are mobilizing against this change and are organizing to block it.
Legal separation
Filipinos may file for legal separation, which allows spouses to live apart but does not legally end their marriage. This option has become popular with abused wives looking for protection and to avoid divorce stigma while protecting children from harm; however it does not solve all problems associated with abusive relationships; moreover church-backed lobbyists in the Philippines remain resistant to liberalizing divorce laws in their nation.
As urbanization spreads across the Philippines, younger Filipinos may be less inclined to heed advice from parents and family members regarding remaining in difficult marriages; this trend likely contributes to an increase in divorce cases within the nation.
The current attempt at legalizing Philippine divorce has made progress, yet still faces obstacles. These include passing through both chambers of parliament and having it approved by both houses before going before the Supreme Court for review of whether the law is constitutional.
Annulment
Philippines remains the only nation outside the Vatican that does not legalise divorce; therefore, in May its House of Representatives narrowly passed a bill to legalise it. The bill expands existing options like annulment and legal separation to also cover psychological incapacity and domestic abuse cases. This vote has reignited debate about whether divorce should be allowed; opponents believe that legalising it will break apart families while supporters believe that allowing women the ability to leave abusive relationships safely with dignity are among its main benefits.
At present, annulment can be granted in the Philippines on grounds including lack of authority of solemnizing officer; bigamous or polygamous marriages; mistakes during ceremony and incestuous unions up to fourth civil degree. A proposed bill would also permit annulment if either partner suffers from impotence, insanity, and sexually transmitted diseases that cannot be cured.
Absolute divorce
Though strongly opposed by the Catholic Church, divorce remains illegal in three other countries outside Vatican City – including the Philippines. But this may soon change; Congress narrowly approved a bill and will consider its contents further during Senate deliberations.
House of Representatives lawmakers recently passed a bill legalising absolute divorce under certain conditions, and its introduction in Senate is scheduled for next week. Psychological incapacity, irreconcilable differences, marital abuse and sex reassignment surgery are some of the grounds listed as grounds for absolute divorce under this bill. Women’s rights groups have given strong support to this legislation which has received majority support.
However, it should be remembered that under the new law only divorces that have been legally finalised will be recognised by the Philippine government – meaning granting of divorce abroad won’t guarantee acceptance by their government.
Recognition of foreign divorce
Recognition of foreign divorce in the Philippines can be an intricate process that depends on both local laws and time-bound filing of petition. Accuracy of documents and compliance with foreign regulations are crucial elements. Therefore, prior to initiating this process it is wise to consult a lawyer.
However, this is not always possible. According to a report by Global Rights for Women (GRW), many Filipinas seek asylum abroad in order to escape abusive marriages that involve physical and sexual violence against them. Some have even been subjected to acts of sexual exploitation such as rape.
However, the Philippines remains unprotected despite signing international conventions guaranteeing human rights. A recent ruling from the Supreme Court of the Philippines highlighted the necessity of divorce legislation; however, this has met significant resistance from church groups opposing any relaxation of Philippine marriage laws.
