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Wednesday 5 August 2015

Divorce Law

Legalization of Divorce in the Philippines




Every country and nation in the world has divorce laws, except the Vatican City, which is an ecclesiastical sovereign city-state, and the Philippines. While the Philippines has currently what we call a relative divorce, or legal separation, the country does not have the liberal divorce laws that the other countries enjoy.

Many argue that the Philippines does not need a divorce law because the Family Code of the Philippines already provides for the termination of marriages through “annulment”. Moreover, the Family Code also provides for the remedy of declaration of absolute nullity of marriage and legal separation. It is my contention that this argument is misleading. In the case of annulment, this remedy is based on specified grounds that occurred at the time of the celebration of the marriage, such as lack of parental consent and vitiated consent (as when a person married another at gunpoint). The remedy of annulment expires, and the defect may actually be cured by ratification through free and voluntary cohabitation. Moreover, when it comes to the degree of legal separation, said decree does not end the marital bond between the spouses and the legally-separated couples are now allowed to remarry.

A divorce law will provide a remedy that the current provisions on the Family Code do 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 protects and strengthens the family; it is legal, constitutional, and in compliance with the international human rights obligations of the Philippines; it answers the issues on and inadequacies of the existing legal framework on nullity, annulment, and legal separation; it is one of the solutions to decrease, if not end, spousal violence; and its absence is discriminatory on the grounds of social class, religion, and nationality.

5 comments:

  1. You create sense out of the foremost complex topics.Michael White

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  2. If both the partners are not happy with each other and mutually want separation they is no issue in that. It is a appreciable decision to announce divorce legalization.

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  4. Divorce lawyers can help you understand the complexities of alimony and spousal support. They work to secure fair financial arrangements based on your specific circumstances.

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  5. Thank you for shedding light on the importance of transparency and open communication with a divorce lawyer. Trust is crucial during this challenging time.

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