For decades, the Philippines has stood out as the only country outside the Vatican where divorce is illegal. This complex and unique situation is rooted in the combination of cultural, religious and legal factors that shape the marriage landscape of this Southeast Asian nation.
The strong influence of the Roman Catholic Church, to which a large portion of the Filipino population is affiliated, is a central pillar of the country’s divorce prohibition. The Catholic Church considers marriage to be a sacred and indissoluble union, a belief that has been enshrined in the Philippine legal system, making divorce inaccessible to the vast majority of citizens.
However, an exception is made for the Muslim population, which represents about 6% of the population. According to the Muslim Personal Laws Code of the Philippines, Filipino Muslims can legally divorce in accordance with Islamic practices. For the rest of the population, the options for ending a marriage are much more limited.
Despite the ban on divorce, Filipinos have a few legal alternatives when they want to end their marriage:
**Annulment**: This is the most common method used by Filipinos to dissolve a marriage. An annulment declares the marriage null and void, as if it never happened. However, obtaining an annulment is a lengthy and expensive process. Specific grounds must be proven, 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 to many low-income Filipinos.
**Legal separation**: Another option is legal separation, which allows couples to live separately and divide their property without ending the marriage. With legal separation, neither spouse can remarry because the marriage is still legally recognized.
**Nullity of Marriage**: Couples can also seek to have their marriage annulled by proving that it was invalid from the start. This option is often used in cases of bigamy or underage marriage, where legal impediments existed at the time of the union.
Despite the ban on divorce, pressure to legalize it in the Philippines has intensified in recent years, driven by rights groups and lawmakers. Many proponents of divorce legislation believe that it is a fundamental right for individuals to be able 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. This bill proposed to legalize divorce under certain conditions, such as irreconcilable differences or domestic abuse. Unfortunately, no concrete steps have been taken on this issue so far.
This issue raises heated debates, between those who defend the sanctity of indissoluble marriage and those who advocate for the right of individuals to a fulfilling married life. The legalization of divorce in the Philippines remains a hot topic that continues to divide public opinion and the political class. The country is at a crossroads, faced with the need to reconcile ancestral traditions with societal developments and the individual aspirations of its people.