The Philippines has held out on legalizing divorce. Is it set to call it quits?

The Background

The Philippines is one of the few remaining countries where divorce is not legal. However, a divorce bill is currently awaiting consideration in the Senate plenary, which could change the situation.

Opposition from conservative religious groups, who want to preserve the traditional Christian view of marriage, has been a major obstacle. They argue that legalizing civil divorce could undermine Filipino families, which are considered the foundational aspect of society.

Why This Matters

The debate over legalizing divorce in the Philippines delves into issues of religious freedom, women’s safety, and family welfare. While activists around the world fight for marriage equality, the Philippines is considering “separation equality” – whether, and under what conditions, married couples should be allowed to divorce.

The Advocates’ Perspective

Advocates of the divorce bill argue that it offers women a way to sever ties with abusive partners and rebuild their lives with safety and dignity. They highlight the need for “separation equality” and criticize the current legal restrictions that primarily protect the perpetrators of domestic violence.

The Current Situation

In the predominantly Catholic Philippines, couples have two options for separation: legal separation or annulment. The latter process is often costly and requires proof of the marriage’s invalidity. The divorce bill, narrowly approved by Congress, is currently awaiting consideration in the Senate plenary.

While polls show growing support for divorce under certain circumstances, opposition from conservative religious groups remains a major obstacle. These groups argue that the Philippines should preserve traditional Christian views of marriage as a sacred and indissoluble institution.

Human Rights Perspective

Some argue that framing divorce as a human rights issue exposes the shortcomings of the Philippines’ current family law. They emphasize the need for divorce to protect victims of abuse and provide them with the ability to remarry.

The Proposed Divorce Act

The Absolute Divorce Act outlines limited grounds for divorce, including irreconcilable differences. It incorporates existing justifications for annulment and legal separation, such as abandonment and infidelity. The act does not legalize no-fault divorce and requires a 60-day cool-off period postpetition, giving couples a final chance to reconcile.

Personal Stories

Individuals like Ruby Ramores and Cici Leuenberger Jueco share their experiences to shed light on the importance of legalizing divorce. They argue that divorce provides an escape from abusive relationships and protects the welfare of children.

Religious and Political Concerns

Religious leaders and politicians express concerns about the potential negative impact of divorce on Filipino families. They emphasize the value of marriage and the welfare of children. Some argue that divorce could lead to “drive-thru” divorces over trivial arguments.

What Makes Families Strong

Advocates for divorce argue that strengthening families and the institution of marriage requires protecting those who suffer from abusive relationships. They believe that divorce, when implemented for specific issues like infidelity and domestic violence, can actually protect families.

The Separation of Church and State

There is a debate about the separation of church and state in the context of divorce. While the Philippines is predominantly Christian, freedom of religion and belief is allowed. Some argue that the state should protect the freedom not to believe in the doctrine of the Catholic Church regarding the sanctity of the family.

Public Opinion

Public opinion on divorce in the Philippines is complex. Surveys show varying levels of support for divorce, with higher support when framed in the context of abuse. Some clergy argue that the focus should be on strengthening the church’s teachings about family and marriage.