Legalizing Divorce

LEGALIZING DIVORCE
I. Introduction
Divorce is defined as the legal termination of a marriage, and in the entire world,
divorce is a legalized act except for 2 countries, The Philippines, and The Vatican, and
divorce has been illegal in the Philippines since the Spanish Colonization which was
when the Spaniards instilled Spanish Colonial rules and Catholic mores into the realm
of marriage and family. Though there were times in our history where there were
exceptions such as Act No. 2710 that was passed during the American Colonial Rule
which allowed absolute divorce on the ground of criminal conviction for adultery, and
Executive Order No. 141 which allowed divorce under multiple grounds during the
Japanese Occupation, divorce is illegal to this day with no exception due to when the
Civil Code of the Philippines was passed in 1950 which repealed any absolute divorce
legislation in the Philippines. The Philippine Government should legalize divorce for it
will be beneficial to those in unhappy marriages, create positive and healthier
environment for children whose parents are not in good terms, and serve as an escape
for those who are victims of domestic abuse by their own spouse.
ii. Counterclaims
Although it may be true that because the Philippines is known as a Catholic

country, and the population of the Philippines is predominantly Catholic, legalizing
divorce would be going against the beliefs and mores Catholicism has on divorce and
the sanctity of marriage. However, this is not a just reason to disregard the legalization
of divorce, for according to the 1987 Constitution of the Philippines Article 2 Section 6, it
states that “The separation of Church and State shall be inviolable”, meaning that no
law shall be made respecting an establishment of religion. Others may also argue that
we have no need for divorce in the Philippines for we already have the option for
annulment, and while that is true, annulment can be too much of a lengthy and
expensive process, it can take up to 6 months to 4 years for the process to be complete,
and the expenses can go from 140,000 to 725,000 pesos which not most Filipinos have
lying around, so overall while annulment is a viable option for those seeking to terminate
their marriage, it is not an easily accessible way especially to those who do not have the
financial freedom to do so. It is also a popular argument that divorce should not be
legalized due to the possible effects and influence it would have to the children of the
divorced couple, and how it could serve as a horrible example to show children that
marriages can be so easily terminated. It is true that divorce can have long lasting
effects on children but isn’t living in a household where their parents are in bad terms
and having to see their parents argue and possibly fight almost daily and be forced to
stay in a loveless and dysfunctional marriage, give much worse effects and influences
them to think that staying in a dysfunctional and loveless relationship, and arguing and
fighting with one’s spouse frequently is normal and tolerated. Lastly, some might argue
that the legalization of divorce may dilute the sanctity of marriage. That is an
understandable concern, however, according Inquirer.net (2022), it is not divorce that
destroys marriages, it is abuse, infidelity, and toxicity. The sacredness of the union is
already defiled once a spouse is subjected to physical, financial, or psychological
suffering or torment.
iii. Claims
Marriage is not always perfect, quite a few of them end up being toxic and
dysfunctional, and in most parts of the world when this happens, they divorce, but in the
Philippines, this is not an available option. So, married couples who don’t have valid
grounds and financial capabilities for an annulment are forced to be stuck in a sad and
dysfunctional marriage. According to Gemma Allen, a top US divorce attorney, said that
there have been multiple studies that indicated an increase of happiness from those
who have divorced from an unhappy marriage. Therefore, legalizing divorce would
benefit those unhappy couples and provide them the freedom to continue with their life
without the hindrance of being forced to stay stuck in a marriage that is already
irreparable.
There have been numerous amounts of studies on the negative effects of a toxic
household towards the children, according to a study by Gordon Harold (2018), a
Professor of the Psychology of Education and Mental Health, domestic violence and
parental conflict can have a multitude of negative and damaging effects on the
psychology of young kids, it can range from developing PTSD, anxiety, and even
depression. Therefore, it’s evident that a household with a conflicting marriage is no
place to healthily raise a child, yet families in the Philippines with these types of toxic
household who have no easily accessible way of separation have no choice but to be
stuck together and continue the cycle of arguing, fighting, and toxicity which will
consequently affect the psychological and emotional well-being of the children
Domestic abuse is one of the main reasons divorce should be legalized in the
Philippines. According to the Philippines Statistics Authority (PSA), in a study in 2018, 1
in 4 women have experienced spousal violence. And when one is put in an environment
like that, there will always be a demand for separation but since the Philippines
Illegalized divorce it is difficult for domestic violence victims to escape, and in other
countries they found that once divorce was an accessible option it lessened the amount
of spousal conflict and extreme partner violence.
Iv. Conclusion
The Legalization of Divorce in the Philippines would have a huge impact on the
lives of Filipinos, especially to those who are in an unhappy, toxic, and abusive
relationship who wish to terminate their marriage. While divorce in most cases is a sad
event, in some cases, it is a liberating and celebratory one. For it will serve as a key to
escape from an already dead and dysfunctional marriage, allow toxic family households
to end the cycle of toxicity that gravely torment the well-being of their children, and
serve as a protective tool for the many domestic abuse victims in an abusive marriage.
As stated by Anna Cristina Tuazon, a Doctor of Psychology, “Divorce is not a killer of
happy marriages, it is simply a life raft for people drowning in a marriage that is already
long dead”. Life is short, one should not waste it being stuck in a relationship full of
resent and lack of love
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LEGALIZING DIVORCE

Although it may be true that because the Philippines is known as a Catholic

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