This country, the Philippines stands out as the country outside the Vatican where it is against the law to get a divorce. The Southeast Asian nation has a complex and unique stance on marriage dissolution, due to cultural, religious, and legal factors.
Wondering why this is so even in 2024? Well, the Philippines’ legal prohibition on divorce can be traced back to its conservative Catholic values. A huge number of the population identify as Roman Catholic, and the church holds considerable influence over the country’s laws and policies.
The Catholic Church firmly opposes divorce, believing that marriage is a sacred and indissoluble union. This has been enshrined in the country’s legal system, making divorce unavailable to the vast majority of its citizens.
The only exception to this law is the Muslim population, which makes up around 6% of the country. Under the Code of Muslim Personal Laws of the Philippines, Muslim Filipinos can legally dissolve their marriages through divorce in accordance with Islamic practices. However, for the rest of the population, the options for ending a marriage are far more restricted.
You might be wondering if there is any other alternative especially if the couple has decided they no longer want anything to do with each other. The answer is that although divorce is illegal, Filipinos still have a few legal alternatives when they want to end their marriage:
The most common method used by Filipinos to dissolve a marriage is annulment, which declares a marriage null and void as if it never happened. However, obtaining an annulment is a lengthy and costly process. One must prove specific grounds, such as psychological incapacity, fraud, or lack of consent at the time of marriage. The burden of proof is high, and it can take years for a court to grant an annulment, making it inaccessible for many low-income Filipinos.
Another option available is legal separation, which allows couples to live apart and divide their assets but does not terminate the marriage. Under legal separation, neither party can remarry since their marriage is still legally recognized.
Couples can also seek to nullify their marriage by proving it was invalid from the beginning. This is often used in cases of bigamy or underage marriage, where legal impediments existed at the time of the union.
It might still be against the law to get divorced in the Philippines, but in recent years, there has been growing pressure from advocacy groups and lawmakers to legalise divorce in this country. Many argue that the absence of divorce unfairly traps individuals in toxic, abusive, or irreparable marriages.
Supporters of divorce legislation believe it is a fundamental human right for individuals to have the option to dissolve a marriage if it no longer serves their well-being.
In 2018, the Philippine House of Representatives passed a divorce bill for the first time in the country’s history. The bill proposed to legalise divorce under certain conditions, such as irreconcilable differences or domestic abuse but unfortunately, nothing came out of it.
In May 2024, a similar Bill – (Absolute Divorce Bill) passed third reading). Despite this landmark achievement, the bill has faced strong opposition from the Senate and the Catholic Church, and it has yet to be enacted into law.
