Ever wondered why is divorce illegal in the Philippines?
The Philippines is the only country in Southeast Asia that does not allow divorce. The reason behind this is rooted in tradition and culture. The religion in the Philippines is Catholic, which makes divorce extremely difficult to achieve. Because it requires two people to agree to end their marriage.
Why is divorce illegal in the Philippines? Who decides on whether or not a marriage is officially over? We explore the laws and circumstances that surround the issue of divorce in this article.
Is it true that in some countries, divorce is legal, but only if one spouse requests it?
In many countries, divorce is not legal. In some countries, it can be a civil or religious marriage, and then, later on, it can be annulled. For example, in the United States of America and some other western nations where divorce is legal, some laws will prevent you from getting divorced if your spouse is against it.
So I would say that divorce is not legal everywhere globally but more so in some countries than others.
Why is divorce sometimes necessary?
According to statistics, about 50% of all marriages end in divorce. But not every marriage ends in divorce, and there are reasons why it happens. Divorce is sometimes necessary because of the change in lifestyle and attitude towards the partner.
Some people always go with their partner in all situations. They live like their partners will never leave them and that they will never want to be alone.
Here are 9 reasons why some people decide to get a divorce:
1. One partner doesn’t want the marriage anymore
2. Among one is cheating on the other partner
3. There is no trust between the two partners
4. The relationship has become boring or unhappy for one of the partners
5. Feels they don’t have enough time for their spouse anymore. Because they have work commitments or children at home.
6. The couple doesn’t share any interests.
7. They don’t know how to communicate with their spouse anymore.
8. One person is physically abusing another person.
9 . They feel that one partner will never change.
Why shouldn’t people get divorced?
In my opinion, divorce is a very painful process. You may have been in a relationship for years, and it may have started as a dream. But it ended up being a nightmare. The decision to get divorced can be heart-breaking, and many people find it difficult to do so.
However, suppose you think that the relationship has reached an irreparable point. In that case, I suggest you seek legal advice from a lawyer or go through mediation where both parties can agree on their separation.
There are many other reasons why a couple shouldn’t get divorced, but here are some of the most common ones:
• Divorce is a financial burden because you have to pay a lot for both parties’ alimony and child support.
• Getting a divorce is also expensive since you need lawyers, judges, and mediators to help you with the case.
• In most countries, if you want to get divorced, it takes at least two years from filing the papers until it becomes final.
Can I get divorced in the Philippines?
It is possible to get divorced in the Philippines, but it is not easy. To start with, you need to file for a divorce in court and have your spouse served with the paperwork. If they don’t show up within the time frame given, you can ask the court to issue a warrant of arrest. After this has been done, you can go back to court. Then plead your case for divorce on the grounds of irreconcilable differences.
If this is not enough, other options can be taken up by filing an annulment or petition for judicial separation.
There are many ways to end their marriage, but it does take some work on both parties.
The following steps should follow:
1. Get certified copies of all necessary documents like birth certificate, ID card or passport and other documents. These show that you are who you say you are and that there is no impediment to your divorces such as mental illness or incapacity;
2. Go to a notary public office and request them to certify two copies of the petition;
3. Pay P3,000 as filing fee at any Notary Public Office in Manila or P2,000 at any notary public office outside Metro Manila;
Why are there so many single moms in the Philippines?
In the Philippines, there are more than 2 million single mothers. It is estimated that by 2020, about half of all Filipino families will be headed by single parents. There are a variety of reasons such as:
1. She want to live a better life.
2. Wants a good career and do not feel discriminated against by society.
3. They want to make their kids happy, and they don’t know how else can they do that but be single mothers.
4. Being a single mother is the easiest way of living compared to being in a relationship. You don’t need to go through all those problems that come with it, take care of your children. Enjoy what you have been given from God!
5. You can earn more money as compared with dating. Because single moms are paid for their services, so there’s no need for any financial issues which come with a dating relationship. since you won’t have time for yourself since your job is taking up all your time!
Philippines law- why is divorce illegal in the Philippines
Marriage is a religious and legal contract between two people. It is solemnized by a priest or by an authorized person who can perform marriages in the Philippines. Marriage is not mandatory in our country, but it is encouraged, especially for young couples. The purpose of marriage in our culture is to create loving relationships based on mutual respect, trust, and support.
The government provides financial assistance to married couples through its family planning program. This aims at reducing poverty among families with children below 15 years old. The birth rate has been declining steadily since 1990, when it was at 6.6 per 1,000 population. It is due to increased contraceptives among women of childbearing age (15-49) and access to modern family planning methods such as intrauterine devices (IUDs).
It is still advisable for married couples to have children and save enough money. So they can start their own business or have their own home when they are ready.
The following are the 5 reasons why divorce is illegal in the Philippines:
1. Prevents children from being separated from their parents too early and without proper counseling.
2. Legalizes consensual marriage, which is often considered a sacrament in the Philippines.
3. It prevents adulterous spouses from having another partner during or after marriage.
4. Protects wives and children from abusive husbands who may wish to leave them.
5. Prevents divorces based on adultery, especially when both spouses have committed infidelity and therefore cannot be considered innocent in the eyes of God and society at large.
Is there a way to legally get a divorce in the Philippines without going through an expensive court process?
In the Philippines, there are 3 types of divorce that you can choose from. They are:
1. Legal Separation –
This is a separation agreement where both parties agree to separate but continue living together. This means that each party can still own assets and sign contracts with other people. It also allows them to live separately and legally married.
2. Absolute Divorce –
An absolute divorce is a legal ending of a marriage. All marital rights and obligations terminate, including any debts or property acquired during the marriage. It also terminates all claims on future alimony payments spousal support (i.e., reimbursement for past support). The court decides who gets what after divorce proceedings have been completed and signed by both parties (typically filed in front of a judge).
3. Decree of Nullity –
The decree of nullity is issued when there was no valid marriage or its termination. This is according to Catholic canon law or civil law as stated by the court ruling regarding the dissolution of your marriage as stated above.
3 ways to legally get a divorce in the Philippines
# First way
By mutual consent of both parties-
The first way is by mutual consent of both parties, but if one party refuses to grant their partner’s request for divorce, they can seek legal assistance from an attorney.
By absolute decree of the court-
This is also known as judicial separation or dissolution of marriage. The court issues a written order stating that there should be no further marital relations between the spouses. That all rights and obligations arising from the marriage are terminated. It does not mean that you will automatically receive alimony or other financial support after filing for this type of separation. You must also file with your respective attorneys’ offices for approval.
After your spouse dies-
If your spouse passes away without permitting you to terminate their marriage, you have another option called death certificate recognition. Either party can file a petition with the appropriate courts seeking recognition based on death certificate documents obtained from local authorities.
Why should we not legalize divorce in the Philippines?
I think the only reason we should not legalize divorce is that it would lead to more divorces. Legalizing divorce will give the government an excuse to raise taxes and use this money for other purposes. We shouldn’t legalize divorce in the Philippines because-
1. Divorce causes a lot of stress and psychological trauma to both the spouses and children
2. Divorce is an emotional issue that needs to be dealt with in a mature manner
3. The divorce process is very expensive, time-consuming, and stressful for everyone involved
4. It can lead to child custody battles which may result in unnecessary litigation
5. It also creates tension between the couple, which will negatively affect their marriage life
6. The loss of income from marital assets would be a big setback, especially if one spouse did not work before getting married or had limited work experience.
Divorce is a very sensitive issue in the Philippines. In this article, we have discussed everything related to why divorce is illegal in the Philippines.
If you are going through a divorce, we suggest that you seek a lawyer’s help. Keep your business with other people away from it as much as possible. We believe that divorces should not be made public and should be kept as private as possible. We do not want this to become an issue that will lead people to resort to violence or cause any harm to themselves or others.