Divorce should be legalized in the Philippines

As of 2003, it was recorded that 4 out of 25 marriages in the Philippines end up in Legal Separation.
Other couples decide not to legalize their separation simply because they cannot afford it. This is one of
the many reasons why many politicians are pro divorce. Divorce is the legal dissolution of a marriage by
court or other competent bodies (Oxford, nd.). It is way cheaper than annulment and legal separation.
Philippines is the only country in the world that does not allow divorce because the Church is against it.
All countries including predominantly Catholic countries in the world like Spain, Poland, and Mexico
permit divorce. Maybe the Church there has opposed it, but the state has recognized the right of
couples to choose the life they want (Wallace, 2013). The divorce bill has been languished in the
Philippine Congress for 13 years. Although the Church is against Divorce, it should still be legalized in the
Philippines because it is beneficial to battered wives, couples with unsuccessful marriages, and the
children of separated couples.

Divorce is not yet legalized in the Philippines. However, legal separations and annulments are allowed
here in our country. In legal separation, the spouses are allowed to live separately but remain married to
each other. Legal separation may be granted when there is marital betrayal, homosexuality, repeated
physical violence, attempt on the life of the other spouse, and abandonment without reasonable cause
for more than one year. In annulments, the marriage can be voided but the couples are not allowed to
re-marry. Annulments may be granted when either of the couples can prove that the marriage was
invalid from the start according to a certain set of grounds such as impotence, homosexuality, mistaken
identity, or psychological incapacity. Most of the grounds are difficult to validate and require a lot of
money to prove before the court. The proposed divorce law does not require too much money and it
allows couples to re-marry, with added protection, such as child support, alimony and child custody.
Ursua once stated that lack of divorce law in our country further complicates the marital and family
problems of many Filipinos. Therefore, it has to pass a divorce law now.

Divorce is beneficial to battered wives because in the Philippines, infidelity and physical abuse are not
grounds for annulment. According to the Philippine Commission on Women, “physical injuries and/or
wife battering remains to be the most prevalent case across the twelve-year period, from 1997–2009,
accounting nearly half (45.5 percent) of all reported violence against women (VAW) cases nationwide”
(p. 147). For instance, the marriage worked for 8 years, but later the husband becomes violent and
unfaithful to his wife. These may not be used for annulment under Article 36, unless it can be proved
that these are manifestations of psychological inability that preceded the marriage. The divorce law will
provide a solution that Article 36 cannot support. “A divorce law will provide a straightforward remedy
to a marital failure for it does not concern itself with validity or invalidity of a marriage and it terminates
a marriage based on a ground that occurred during the marriage” (Ursua, 2013).

Moreover, divorce law does not destroy a family. In fact, no law could actually destroy a family. It
is only the members of the family who can do that. Legalizing divorce law is accepting that some
marriages work and some do not. “In cases where a union is more harmful than beneficial, a divorce can
be a benevolent and less hurtful way of severing ties with your partner.” (Santos, 2011). Some marriages
and families have survived to this day and it will still survive after the divorce law has been passed. The
Church should not interfere in the approval of this law because we are a secular state. Thus, no religious
group could dictate any law or policy for the whole country. The law should only give people a choice, to
be exercised according to their own personal beliefs. (Wallace, 2013). Besides, there are also grounds to
be considered when filing a divorce. A husband or wife cannot file a divorce unless he or she has a valid
reason.

The divorce bill is for couples that cannot bear to live with each other for some valid reasons. If the
couple truly loves each other, they will not be affected with the legalization of divorce. Therefore, the
legalization of the divorce bill will not destroy the relationship of happy and contented families.

People who are against divorce believe that it gives a wider path for immorality and marital infidelity.
For me, this statement is absurd because it is the choice of a man or woman to stay loyal to their
spouse. Any law will not affect a person’s faithfulness and truthfulness for his or her husband or wife.
Again, if the couple truly loves each other, they will not be affected with the legalization of divorce.
Thus, the said proposed law will not affect their fidelity and behavior towards their spouse.

Of all the reasons stated above, I can truly say that the divorce bill should be legalized in the
Philippines as soon as possible. It will not only benefit the people but it also makes everything legal: re-
marriage, child support and child custody, division of properties and debts. Divorce benefits battered
wives, couples with unhappy marriages, and children the children of separated couples. Therefore, it
must be legalized in the Philippines.