Divorce in the Philippines is generally not available, although Philippine law recognizes certain foreign divorces involving a foreign spouse.
There is legal separation and annulment, but these options are either limited or extremely difficult to get. Annulment, in particular, is expensive.
I am a Filipino, so I see the impact of the lack of divorce on many families.
It also affects my choices in life. I am 30 as I write this, unmarried. It is hard to even consider marriage if there is no way out once it collapses.
I am in favor of divorce.
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The Philippines Had a Divorce Law During the American Occupation
During the American colonial period in the Philippines, divorce was legal under Act No. 2710, passed in 1917. It allowed couples to divorce on limited grounds, such as adultery and other serious marital offenses.
Although restrictive, it provided a legal way to end a toxic marriage.
However, after independence in 1946, the country adopted laws that no longer provided for divorce in most cases.
The New Civil Code Repealed the Divorce Law
On August 30, 1950, the New Civil Code of the Philippines took effect, replacing many of the old American-era laws.
The Civil Code of the Philippines is the New Civil Code. It replaced the Spanish Civil Code, which remained the country’s primary civil law even after independence from Spain.
One of the major changes was the removal of divorce from the civil law framework; divorce was no longer recognized, and married couples were only allowed to file for legal separation or annulment.
Legal separation doesn’t allow remarriage, and annulment requires proving that the marriage was flawed from the very start. That is hard!
Why Divorce in the Philippines Should Be Legalized Again
While protecting the sanctity of marriage is important, laws should also protect the well-being and dignity of individuals.
Below are reasons why divorce should be legalized again in the Philippines.
Annulment Is Expensive and Time-consuming
Between legal separation and annulment, annulment is closer to divorce.
But on average, it can cost between ₱150,000 ($2,500) to ₱300,000 ($5,500) or more, depending on the lawyer, location, and complexity of the case.
What’s worse, it requires you to prove that something was wrong with the marriage from the very beginning.
You can’t say the marriage simply failed or that the love is gone. You must prove psychological incapacity or other hard-to-prove legal grounds.
Marriage Can Start to Become Invalid in the Middle
For annulment to be granted, it must be proven that marriage was flawed from the start. However, not all marriages begin with problems.
Some couples genuinely love each other at first, but people grow, change, and sometimes grow apart. Abuse, addiction, infidelity, and neglect can all happen years into a marriage, long after the wedding day.
In fact, some begin to take the relationship for granted once married because they know their partners have few legal options for ending it.
Victims of abuse, for example, may be able to separate legally or physically from their abuser, but they remain legally married.
Divorce Can’t Break Families That Are Already Broken
Does divorce lead to more broken families? No. Many families are already broken, but they are just not legally recognized as such.
Many couples live separately for years without talking, without co-parenting. Some remain under one roof for appearances, and that is all.
Divorce doesn’t cause these problems. You see, there is currently no divorce in the Philippines, but these problems already exist.
Being forced to stay together doesn’t fix a failing marriage. It just creates even more problems for both the family and the individuals involved.
Just Because Divorce Is Allowed Doesn’t Mean All Marriages Will Break
Legalizing divorce doesn’t force people to separate. It simply gives them the option to do so as a last resort when a marriage can no longer be repaired.
Many Filipinos want to fall in love, build families with the people they love, and dream of a future together. But when things go wrong, especially in cases of irreconcilable differences, there should be a way out.
People change. Circumstances change. The availability of divorce doesn’t break marriages, but the lack of it can break people.
Modern Relationships Require Modern Solutions
The current law in the Philippines still reflects an old-fashioned view that once people marry, they must stay together no matter what.
Catholicism has been a major factor in the absence of divorce in the Philippines, as the country is predominantly Catholic.
Today, both men and women work and contribute to the household.
They can be financially stable, so many seek a relationship that is emotionally fulfilling and based on love rather than necessity.
However, even “love” marriages can become toxic. In that case, couples should be allowed to leave and rebuild.
If the government wants to protect families, it must also protect the individuals within those families. Marriage shouldn’t feel like a prison.
You May Not Need Need Divorce, But Others Do
Some people say they don’t need divorce because their marriage is fine, and that is great. But not everyone is that lucky.
There are those who live in fear, pain, or hopelessness every day because they are stuck in a marriage that can’t be fixed.
Legalizing divorce doesn’t destroy marriage. It gives married Filipinos a legal option to leave a marriage that just destroys them.
