BANDUNG, SEATIZENS – Divorce remains illegal for the majority of Filipinos, even though laws grant the country’s Muslim minority the right to dissolve their marriages legally. The Catholic Church heavily influences the predominantly Christian population, which makes the Philippines one of only two countries worldwide that still prohibit divorce.
According to DW In May, the Philippine House of Representatives passed the Absolute Divorce Act. This law could significantly change the nation’s approach to marriage dissolution. It expands existing options like annulment, legal separation, and cases of psychological incapacity.
If enacted, this law would permit couples to file for divorce after they have been separated for at least five years or legally separated for more than two years. Additionally, the law includes grounds for annulment in cases of abandonment and infidelity.
Catholic Bishops Warn of Divorce “Wave”
However, the bill does not introduce no-fault divorce. Couples must observe a 60-day waiting period unless a threat to anyone’s safety exists. This measure aims to encourage reconciliation.
“Lawmakers should recognize that this is a civil policy that does not interfere with personal beliefs or family dynamics,” said AJ Alfafara, an activist with Divorce Pilipinas Coalition. He added that the legislation offers important options for many Filipinos living apart without legal recognition of their marital status.
The Senate must now decide on the bill. Since June, no action has taken place. The Catholic Bishops’ Conference of the Philippines urged caution in July, warning about a potential “wave of divorces.”
Challenges Faced by Filipinos Seeking Divorce
Currently, Filipinos have very limited avenues to end their marriages. Legal separation allows couples to live apart, but the marriage remains intact. Annulments can be costly and require proof that the marriage was invalid from the beginning. Many citizens find these options inaccessible, leaving them trapped in dysfunctional or dangerous relationships.
Moreover, significant social pressure exists to maintain marriages, especially within the predominantly Christian population, which comprises nearly 88% of Filipinos.
However, support for divorce appears to grow. A March survey by Social Weather Stations showed that 50% of adult Filipinos favor legalizing divorce, while 31% oppose it. Another survey, conducted with a church-based media outlet, revealed that 34% of respondents support divorce for “irreconcilable differences,” but over half endorse divorce in cases of domestic violence.
Recognition of Foreign Divorces in the Philippines
Advocates for the law emphasize how it could provide women a legal escape from violent relationships. Momentum for legalizing divorce increased when the Philippine Supreme Court ruled that foreign divorce decrees must receive recognition. This decision applies to cases in which Filipino citizens marry foreigners and get divorced abroad.
“The court ruled that the type of divorce does not matter, whether administrative or judicial. If the divorce is valid according to the foreign partner’s national laws, it will be recognized in the Philippines,” the justices explained.
Opinions vary regarding whether the Supreme Court’s decision will influence the Senate’s stance on the divorce bill. Jeofrey Abalos, a demographer at the Australian National University, believes the ruling will likely have “little effect.” Only about 1% of registered marriages in the Philippines involve foreign nationals.
“The situation of a small number of Filipinos obtaining divorces abroad is different from those seeking to end their marriages legally. Thus, this ruling may not significantly impact the overall situation,” Abalos told DW.
Conversely, Alfafara argues that the ruling opens the door for broader acceptance of marriage dissolution. “The absence of divorce rights violates fundamental human rights, as outlined in the Universal Declaration of Human Rights,” Alfafara stated.
The Senate now holds the fate of this bill. A similar proposal faced rejection in 2018, and many conservative Catholic senators in the current Senate openly oppose divorce.
Running Out of Time
The future of the divorce bill remains uncertain, especially with upcoming midterm elections. All 317 seats in the House of Representatives and half of the 24 Senate seats will be contested.
If the Senate does not pass the bill before the elections, it will expire. The newly elected House must restart the legislative process from scratch.
“With the midterm elections approaching, little time remains for this bill to complete the legislative process,” warned Athena Charanne Presto, a sociologist and senior lecturer at the University of the Philippines Diliman.
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Despite these challenges, Alfafara feels optimistic. He believes the bill has progressed further than previous attempts to legalize divorce in the Philippines. With increasing public support, change may come in the years ahead.
(Firyal Trinidad)
