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Divorce Final Draft 2

Divorce Final Draft 2

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Published by Geoffrey Jordan

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Published by: Geoffrey Jordan on Jun 26, 2012
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09/12/2013

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DIVORCE:TERMINATION OF MARRIAGE“A basic unit of society” - that is how we define family. It is a family home which iscomposed of the father, mother and the children. Under Article 149 of the Family Code
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,family is defined as:
“The family, being the foundation of the nation,is a basic social institution which public policy cherishes and protects.Consequently, family relations are governed by lawand no custom, practice or agreement destructive of the family shall be recognized or given effect” 
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 Article 149 of the Family Code
Family is very important part of our life. It molds our personality that will guide us inshaping our lives and teaches us the value of love, affection, care, truthfulness and self-confidence.Family is a place where you can be yourself and accepts for what you are, where youare completely tension free and is always there to help you. Family encourages you to bestrong at challenges you are facing and be able to survive through tough times and bring joy and happiness into life.Decency is essential in our daily life. It helps us to make strong relationship with other  people and make us as a very gentle, intelligent and likable person in which everyone lovesto be in a company of another person. Indeed, family teaches us to bring decency into our life which is necessary to lead us a happy life until marriage.
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EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES July 6,1987
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On the other hand, marriage is defined as the social institution under whicha man andwoman establish their decisionto live as husband and wife by legal commitments, religiousceremonies. Under Article 1 of the Family Code of the Philippines
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:
“Marriage is a special contract of permanent unionbetween a man and a womanentered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the familyand an inviolable social institutionwhose nature, consequences, and incidentsare governed by law and not subject to stipulation,except that marriage settlements may fix the property relationsduring the marriage within the limits provided by this Code.” 
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 Article 1 of the Family Code
 Nowadays, some of marriage couples wanted total separation of their marriage life. Andthere are some families that are being broken because of this. Here in the Philippines, under our laws, we only allow legal separation and annulment of marriage but why is that so?That many married couples are still wanting divorce even though it is being prohibited herein our country? Is there any discrepancy in our laws compared to the laws of the foreigncountries regarding divorce law? Or what is the defect under our Philippine laws that it prohibits divorce law?DIVORCE: DEFINITION AND CONCEPTDivorce is a judicial declaration dissolving a marriage in whole or in part especiallyone that releases the husband and wife from all matrimonial obligations.
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It is the legal
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EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES July 6,1987
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Random House Webster’s Unabridged Dictionary, 2
nd
Edition, 1998, Random House NewYork 
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separation of man and wife effected by the judgment or decree of a court and either totallydissolving the marriage relation, or suspending its effects so far as concerns thecohabitation of the parties.
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Divorce is technically defined as the severance of the marital tie between a man anda woman and entitles each of them to remarry once it is granted. It is the termination of amarriage by court judgment.
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It is a judicial decree that is awarded declaring thedissolution of marriage. It leaves both spouses re-marry again. Many states refer to it as
 Dissolution of Marriage
and is also referred to as
 Absolute Divorce, Divorce from the Bond(s) of Matrimony, Total Divorce
and a
 Matrimonial Action
.
 
Most divorces areobtained by agreement between both parties allowing the dissolution of marriage to progress through the court system fairly quickly and easily, some with and some withoutlegal representation. However, there is a small percentage that cannot come to asatisfactory agreement regarding termination of their marriage, nor the related issues.
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For most countries, Divorce is considered as an everyday issue. Somehow, most people in or neighbouring countries has developed a sense of normalcy about that topic.Which makes many of us wonder especially the liberal ones, how come our country, thePhilippines, does not discuss it or deal with the way other countries do?
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DIVORCE: FAQSITUATION:
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Black’s Law Dictionary with pronunciations, 8
th
Edition, 1990, Henry Campbell Black,M. A.
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