POLICY BRIEF

UC MODEL SENATE
May 2021

TITLE: Dissolution of Marriage

By Yson, Henrick D.

Introduction

A discussion of the separation of marriage requires and understanding of marriage

first. Marriage is a social institution that is present in all known societies and relates
to the construction of families (Gallagher, 2002:774). When two people get married,
they enter into a committed and voluntary relationship of mutual love and support.
The term itself can refer to a legal contract, a cultural practice or religious ceremony,
and some argue that there is so much variation in marital practice that it has no
essential structure and is merely a ‘family resemblance concept’(Brake,2012: A).
However, relationship will sour and research has found the most common reasons
people give for their divorce are lack of commitment, too much arguing, infidelity,
marrying too young, unrealistic expectations, lack of equality in the relationship, lack
of preparation for marriage, and abuse. Many of the common reasons people give for
their divorce can fall under the umbrella of no longer being in love. Research suggest
the nature of love changes over time. If you feel as if you have fallen out of love,
marriage counseling may help offer a new perspective that will help you rediscover
that love (YourDivorceQuestions.org). Under Philippine law, two people wishing to end
their marriage have limited options. They can file for legal separation, which will allow
them to separate their possessions and live apart, but does not legally end a marital
union and thus does not permit remarriage. They can file for divorce if they are among
the estimated 5 percent of the population that is Muslim and is governed by the Code
of Muslim Personal Laws. Or they can get an annulment, which in the Philippines is a
lengthy and expensive court proceeding. An annulment ends a marriage, but differs
from divorce in important ways. The parties, for instance, must prove that the
marriage was never valid to begin with. Under Philippine law, reasons can include one
or both parties having been younger than age 18 when they got married, either party
having an incurable sexually transmitted disease, or cases of polygamy or mistaken
identity (Santos, 2015).

Main arguments

A divorce, which is much more common, is sought when the parties acknowledge that
the marriage existed. An annulment is sought when one or both of the spouses believe
that there was something legally invalid about the marriage in the first place. The
biggest difference between a divorce and an annulment is that a divorce ends a legally
valid marriage, while an annulment formally declares a marriage to have been legally
invalid (Stritof, 2020). Annulment is the only solution to divorce within the Philippines.
An annulment of marriage declares that the marital union between a husband and

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wife is no longer valid. According to Article 45 of the Family Code of the Philippines,
there are 6 legal grounds for the annulment of a marriage:
• Lack of parental consent (if either party is at least 18 but below 21 years old);
• Psychological incapacity;
• Fraud;
• Consent for marriage obtained by force, intimidation, or undue influence;
• Impotence / physical incapability of consummating the marriage; or
• Serious sexually transmitted disease.
Wherein an annulment will take between 2 – 5 years, and can be an expensive
process. While in a divorce you are not required to offer proof of fault when you file
under “irreconcilable differences,” or no-fault. A divorce decision can be given without
the appearance of either party in court, while both individuals must be present in court
to finalize an annulment (Woman’s Divorce Editorial Team).

Evidence & Data

About 95% of Filipinos need to file a nullity of marriage or an annulment² to legally

terminate their marriage. However, only a small fraction resort to these remedies
because, while the outcome is uncertain, costs are high (usually not less than three
months of average labor earnings, and sometimes much more) and the legal
procedures are long and complex. Completing a matrimonial dissolution case typically
takes between six and eighteen months but the procedure can also extend over
several years (Lopez, 2006).

Issues and Challenges

The challenge of divorce is religious, The Philippines is the only country in the world
outside the Vatican City where getting a divorce is not allowed. In the predominantly
Catholic country, the power of the religious lobby and the conservative nature of many
politicians means any change to the laws would face fierce opposition (Board, 2018).
That a bill to legalize divorce, proposed in 2010, received little support from the
country’s Catholic, bachelor president, who told reporters that he did not want to turn
the Philippines into Las Vegas, where “the stereotype is you get married in the morning
and you get divorced in the afternoon.” In the meantime, Philippine public opinion has
moved steadily in favor of legalizing divorce, from 50 percent in March 2011 to 60
percent in December 2014, according to a survey by the Philippine research institution
Social Weather Stations. When legislators were asked if the results of the survey would
sway their opinion on divorce, one senator explained: “I cannot favor a divorce law.
My wife might use that against me” (Santos, 2015).

Conclusion

Divorce or the proposed Dissolution of Marriage is a controversial issue that needs to

be reconsidered. It has both positive and negative effects on both spouses. But the
selling point is that it is more convenient, and less expensive than annulment.

Recommendations

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I recommend the passing of this bill.

References

Gallagher, Maggie.2002. ‘What Is Marriage For? the Public Pur-poses of Marriage

Law’.Louisiana Law Review. Vol.62. Pg:774—91. HeinOnline: William S. Hein Co.
Available on the WorldWide Web at:
<http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/
louilr62&div=34&id=&page=>.

Brake, Elizabeth.2012: A. ‘Marriage and Domestic Partnership’.Stanford Encyclopedia

of Philosophy. Stanford University. Availableon the World Wide Web at:
<http://plato.stanford.edu/entries/marriage/>.

How Common is Divorce and What are the Reasons?

<https://yourdivorcequestions.org/how-common-is-divorce/>

Santos, A.P. (2015, June 25). Ending a Marriage in the Only Country That Bans Divorce
<https://www.theatlantic.com/international/archive/2015/06/divorce-philippines-
annulment/396449/>

Woman’s Divorce Editorial Team. Annulment vs. Divorce.

<https://www.womansdivorce.com/annulment-vs-divorce.html>

Article 45 of the Family Code of the Philippines. Executive Order No. 209, s. 1987.
<https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/>

Lopez, J. (2006). The law of annulment of marriage rules of disengagement: How to

regain your freedom to remarry in the Philippines. Pasig City: Anvil Publishing.

Board, J (2018, 26 May). Abuse victims, church and politicians tangled in battle to
allow divorce in Philippines. <https://www.channelnewsasia.com/asia/abuse-victims-
church-and-politicians-tangled-battle-allow-divorce-philippines-825081>