Divorce and separation

Divorce and separation often lead children to experience intense emotions.

Misinterpretations about the divorce and loyalty conflicts are also experienced by
many, although few discuss their thoughts and feelings with their parents. Children
who experience divorce may have more difficulties than children from two-parent
families. Indeed, in the short term, divorce has been associated with decline in
academic achievement, self-concept, and overall adjustment problems. Although
most children from divorced parents do not suffer any long-term consequences,
some children may experience difficulties in adolescence, such as mental health
problems, substance abuse, delinquency, and teenage pregnancy. Problems may
even persist into adulthood, as they tend to have more economic, emotional,
health, and relationship problems. The age at which children experience the divorce
should be a primary concern to address their needs adequately. In the early years,
infants function best with parents who are reliable, responsive and sensitive to the
infant’s personal traits. Given that their sense of time and memory is not yet
mature, babies must spend time frequently with both parents so that strong
attachment relationships can develop. As children get older, the amount of time
they spent with each parent becomes less crucial, though each parent must
continue to be actively involved in their child’s education, discipline, play and care.
The effects of overnight stays with the nonresidential parents also fluctuate
depending on the age of the child. Compared to infants with very few overnights,
children under 2 who have regular overnights showed difficulties in stress
regulation, while two- and three-year-olds also exhibit more separation anxiety,
aggression, and eating problems than toddlers with less overnights. In the
preschool years, children with overnight stays share a more positive relationship
with the second parent and are better adjusted than children without overnights

Divorce and separation in the Philippines: Trends and correlates

(Jeofrey B. Abalos1)

The Philippines is the only country in the world, aside from the Vatican City,
where divorce is not legal (Emery 2013). Although annulment and declaration of
nullity of marriage are available to terminate some marriages in the country, they
have many shortcomings, one of which is their high economic cost (Taylor 1983;
Constable 2003; Lopez 2006; Lauser 2008; Calonzo and Cayabyab 2013; Daytec-
Yañgot 2015). Aside from the legal and economic barriers to dissolving marriage in
the Philippines, there is also a strong stigma attached to having had a union
dissolved (Chant 1997a; Raposas 2008), particularly for women, who are expected
to keep the marriage together (Aguilar 1987 cited in Constable 2003). Despite this
confluence of factors that impede the majority of Filipinos from terminating
unsatisfactory marriages, evidence still points to a growing number of Filipinos who
have had their marriage dissolved or sought to have their marriage dissolved
(Abalos 2011; Emery 2013). Concomitant with the rise in marital dissolution cases
in the Philippines have been a host of demographic and socioeconomic changes that
have swept the country in recent decades. Important demographic changes include
the growing phenomenon of cohabitation, the declining proportions of male and
female Filipinos who are legally married, and a slight increase in age at marriage
(Kabamalan 2004; Abalos 2014a). In addition, educational attainment – already for
several decades among the highest in Southeast Asia – has continued to improve,
accompanied by a steady increase in female labour force participation. Urbanization
has also accelerated in recent years. Previous studies in both developed and
developing countries have linked these demographic and socioeconomic changes to
rises or declines in divorce rates. This paper aims to document the rise in union
dissolution in the Philippines and investigate the demographic and socioeconomic
factors associated with Filipino women’s experience of union breakdown. While
there have been previous studies on marital dissolution in the Philippines, most of
these have focused on its causes (Bautista and Roldan 1995), its effects on fertility
(De Guzman 1984), its impact on the well-being of women (Gultiano et al. 2009),
or the couple’s living arrangements after the marriage breakdown (Abalos 2011).
Examining the factors associated with divorce and separation in the Philippines will
improve our understanding of the nature of union dissolution in the country, and of
the way it has been influenced by socioeconomic and ideational changes. As will be
discussed later, there are two types of union in the Philippines: formal or legal
marriage and consensual union. Previous research usually combines ‘currently
married’ and ‘living with a man as married’ (Zablan and Yabut 2006; Abalos
2014a). Following this practice, I refer to women in either formal marriages or
consensual unions as ‘married’ or ‘in union.’ Similarly, when these unions end, it is
considered a divorce or separation. The terms ‘divorced’ and ‘separated,’

Philippines moves closer to allowing divorce

The Philippines' lower house of Congress has passed a divorce bill on the
third reading, moving the country closer to legalisation.The bill passed despite
opposition from President Rodrigo Duterte, who had his own marriage legally
annulled.However, for divorce to become legal the Senate also has to pass a bill in
favour, and even then Mr Duterte could still use his veto to strike it down.
Worldwide, divorce is only illegal in the Philippines and Vatican City. Over 80% of
people in the Philippines describe themselves as Catholic, and the church has a
powerful influence in the country.Congresswoman Emmi de Jesus said the bill was
filed because of a "clamour of women trapped in abusive relationships", who need
the government to give them a means out of "irreparable marriages". What can
Filipinos currently do to get out of a marriage? Currently, the only means to end a
marriage legally in the Philippines is annulment. Such a ruling requires a civil case
in which spouses have to undergo mental health tests and testify in court, all in a
bid to have a judge declare a marriage invalid.

Reintroduction of Divorce into Philippine Law by Jihan A. Jacob

The country was under Spanish rule from 1521 until the Philippine revolution and
declaration of independence in 1898.10 It was then occupied for a shorter period by
United States and Japan until the end of World War II.11 As a result of more than
300 years of Spanish colonization, Philippine culture is replete with Spanish
influences. The influences are apparent particularly on the language, cuisine, and
religion of the country.12 The views of the Catholic Church (Church) weigh heavily
over the customs and norms of Filipinos; they account for the many conservative
laws in the country and the absence of policies that permit or regulate such matters
as abortion,13 contraception,14 and divorce. Divorce was recognized in the
Philippines before the enactment of the Civil Code of the Philippines (Civil Code).15
At present, it is not recognized in the country save for some exceptions.16 The
Philippines and Vatican City are the only remaining states in the world without
divorce.17 Divorce is the “legal termination of a marriage by a court in a legal
proceeding, requiring a petition or complaint for divorce by one party.”18 It is the
“legal separation of man and wife, effected, for cause, by the judgment of a court,
and either totally dissolving the marriage relation, or suspending its effects so far
as it concerns the cohabitation of the parties.”19 It can also refer to termination of
a marriage that is without any fault on the part of either parties and without “need
to find out if any misconduct occurred.”20 There are two kinds of divorce: (1)
absolute divorce or divortio a vinculo matrimonio, and (2) relative divorce or
divortio a mensa et thoro. The first is used to refer to dissolution or “divorce from
the bond of matrimony” and the latter is used to refer to the “suspension [or]
divorce from bed and board.”21 Marriage bonds are severed under absolute divorce
while they subsist under relative divorce

A Position Paper on Legalizing Divorce in the Philippines

Marriage is sacred and a must. Marriage is the process by which two

people make their relationship public, official, and permanent. It is the
joining of two people in a bond that putatively lasts until death, but in
practice is increasingly cut short by separation. Over the course of a
relationship that can last as many as seven or eight decades, a lot happens.
Personalities change, bodies age, and romantic love waxes and wanes. And
no marriage is free of conflict. What enables a couple to endure is how they
handle that conflict. It is lawful which should be follow and taken care by a
married people or a family. In addition, it is necessary in general. But if a
marriage is not working anymore that only leads to fighting then it only
becomes an abuse, it requires a legal separation to any of the spouses. This
process undergone legally and has a sanction of the court. It could be an
annulment just like here in our country, the Philippines, we allow it.

People who say that divorce is not advisable for the Philippines forget
or ignore our history. The ethno-linguistic communities of the Philippine
archipelago before the Spanish conquest practiced divorce. We had a divorce
law from 1917 until August 30, 1950, when the Civil Code of 1950 took
effect. The latter law prohibited divorce for Filipinos, and the prohibition
continues under the present Family Code. But Muslim Filipinos have always
practiced divorce, which Philippine law allowed. Today, divorce continues to
be available to Muslim Filipinos under the Code of Muslim Personal Law of
the Philippines (Presidential Decree No. 1083), promulgated in 1977.

In the Philippines as well as the other states such as Vatican City and
British Crown Dependency of Shark the thing called ‘Divorce’ is not
applicable now a day in the said countries. But a bill recently filed in
Congress provides hope for thousands of couples trapped in failed and often
abusive marriages, by legalizing divorce. It is now the fight to make divorce
legal in the Philippines. The dissolution of a marriage is almost always an
unhappy event, at the very least marked by disappointment and the loss of
dreams and expectations. In addition, there are usually many legal,
financial, parental, emotional, and practical aspects that require changes in
responsibilities and routines, and it can take people years to regain
equilibrium. Nevertheless, divorce serves an important function in legally
and emotionally freeing people to form a more stable relationship.

A divorce law will provide a remedy that Article 36 does not. Divorce
does not concern itself with validity or invalidity of a marriage. It terminates
a marriage based on a ground that occurred during the marriage, which
makes the marital relationship no longer tenable, regardless of the spouse’s
psychological constitution. A divorce law will provide a straightforward
remedy to a marital failure. It will benefit Filipinos wherever they are.

Divorce in the Philippines – Say NO to It

Divorce in the Philippines is planning to take over Filipino values and culture.
It’s all over the news, the Philippine Congress is now pushing forward the Divorce
Bill right after they have put forward the Reproductive Health Bill. This is exactly
what I have been worrying about. Just a couple of weeks ago, when I attended our
Baptist Convention Meeting here in the Visayas, this issue was brought up. And just
as what I have stated, “RH Bill can also lead to the Divorce Bill” because they have
the same proponents.
I know lots of Evangelical Christians are pro-RH Bill. But what they don’t know is
that the proponents of RH Bill are also the proponents of Divorce Bill. And now that
they almost got what they want, they are now preparing for another wave of
controversial bill which will open a highway for immorality and degradation of
Philippine culture and religious standards and beliefs.It gives a wider path to
domestic problems. As I mentioned earlier this right has proven to be easily
abused. And we are not actually giving people a solution to their problems, but a
chance to repeat the same mistakes. Divorce is like a medicine… but an
unrecommended one. For example, there is a an abusive husband who have been
divorced by his wife. This husband will then just look for another woman to abuse.
While the woman if she’s the one having some problems, she will just look for
another guy and if things will not get well, all she has to do is to apply again for
divorce. Ridiculous isn’t it? It is just a picture of FREEDOM TO TRY MARRIAGE.
It is not the answer to the growing violence against women and children. Most
divorce advocates gives emphasis on the growing children and women abuse. But I
really do not see it as a solution for these problems. In fact it extends to the
growing problem of immorality and sexually related diseases and problems such as
unwanted pregnancies and sexually related diseases. And I believe that you will
agree with me that these problems are a threat to women, children and even
family.
But why? Simply because people were given the so-called choice and chance to
change while the fact is, it is where the so-called “rights” is abused. It is where
many people make use of the right and abuse it for their own self-centered selfish
quest for happiness and will only bring them to the same situation again and again
and again. That’s why you will see people divorced not just once, nor twice, but
multiple times.

http://www.child-encyclopedia.com/sites/default/files/dossiers-
complets/en/divorce-and-separation.pdf

https://www.demographic-research.org/volumes/vol36/50/36-50.pdf

https://www.bbc.com/news/world-asia-43457117

https://caroltinga.wordpress.com/2017/10/22/a-position-paper-on-
legalizing-divorce-in-the-philippines/

https://thedisciplers.com/divorce-in-the-philippines-say-no-to-it/