Philippines law forbids divorce. Couples seeking to end their marriage have only two options available to them when seeking to end it: legal separation or annulment – both are costly processes that take considerable patience to accomplish successfully.
But the Philippines government is making steps toward legalizing divorce. The House Committee on Population and Family Relations approved a bill that would permit absolute divorce proceedings.
Marriage
When marrying in the Philippines, both spouses must present a government-issued birth certificate as this is legally required for both Filipinos and foreigners alike. Proof of citizenship such as an ID card or passport may also be needed as proof that they have not previously been married. Wedding ceremonies generally take place in church chapels, temples or judicial chambers and solemnized by priests, rabbis, imams ministers of registered religious sects military commanders (if absent chaplain). Furthermore consul generals or vice-consuls.
Many Filipinos believe that divorce should be legalized, and many supporters make numerous arguments in support of this position. Proponents argue that legalizing divorce would strengthen and protect families while fulfilling international human rights obligations and addressing gaps in existing legal frameworks. Furthermore, they claim the ban promotes domestic violence as well as discrimination based on social class, religion or nationality.
Many who oppose divorce in the Philippines point to Catholic beliefs regarding marriage sanctity as the cause for their opposition, while lawmakers are leading an increasing push to legalise divorce as it hinders poor Filipinos in finding work and raising their families out of poverty.
Annulment
Philippines laws regarding divorce are strict, and Catholic Church members strongly discourage it. Unfortunately for people trying to leave an unworkable marriage there can be considerable difficulties getting out. But thanks to the efforts of Philippine Congress they are working on legislation which would permit Filipinos to get divorced – providing relief and saving them money as it will be cheaper than legal separation or annulment proceedings.
Couples may decide to divorce for many different reasons, including mental or physical abuse and incompatibility, but the process for either an annulment or divorce in the Philippines can be lengthy and expensive. Legal fees may make obtaining one unattainable for certain couples.
Philippine courts often take years to approve annulment petitions, as each judge must carefully consider all evidence presented before making their determination of null and void status for marriages that were never properly stated as grounds. Furthermore, this process can become even longer-winded when one spouse is fighting for custody rights of their child or seeking alimony payments; when this happens it’s wise to consult legal advice specialized in family law for assistance.
Legal separation
Philippines is one of only two sovereign states without a divorce law for non-Muslims; this doesn’t prevent Filipinos from ending their marriages through legal separation or annulment processes, though both may require significant amounts of evidence and can be costly; provided both parties agree and can pay any associated fees, these processes can provide much-needed space and freedom from each other.
Reasons can lead to the breakdown of any marriage, such as mental illness, alcoholism, infidelity or physical violence. When this occurs, many Filipinos opt to live apart from their partners – some even file annulment/nullity applications on this basis; however most couples who wish to end their unions opt for informal separation rather than going through legal channels of ending it legally.
House of Representatives recently introduced a bill to legally separate couples, giving people the ability to legally separate without incurring legal consequences. While religious groups, particularly Catholic Church representatives representing 80% of population are opposed, supporters argue this legislation can save marriages that have irreparably broken and enable abusive wives to break free from abusive husbands.
Divorce
Divorce in the Philippines can be a complex issue. While Filipino law does not explicitly provide for divorce for most couples, annulment and legal separation may still be available options. Furthermore, Philippine courts will usually recognize any divorce obtained abroad by a Filipino national provided that certain criteria have been fulfilled.
Polling data demonstrates that attitudes have evolved rapidly in recent years in the Philippines, with many now supporting legalising divorce. Yet despite this shift in attitudes, many conservatives still strongly oppose it and the Catholic Church remains strongly against legalisation of divorce.
House of Representatives recently reintroduced a bill to legalise divorce in the Philippines. Although still to be passed into law, its introduction shows a change in attitudes among society as well as government willingness to modernise laws and uphold them more strictly. House Committee on Population and Family Relations has approved in principle the bill before sending it on for consolidation by technical working group. Divorcee seeking legal aid should keep abreast of legislative developments to make an informed decision about filing in the Philippines. Assuring petitions are filed correctly is of utmost importance in order to obtain the desired results, as are avoiding online services claiming they can quickly secure rulings; such services often use scams like this one to take advantage of vulnerable people.