The Philippine Online Chronicles

Malta recently held a referendum whether it would introduce divorce. It passed. The government of Malta then announced that it would introduce legislation to bring divorce to the Southern European country. With the news from Malta comes a rising clamor to pass not only the reproductive health bill but also a divorce bill. You see, there are only two countries in the world that doesn't have a divorce law: The Philippines and Vatican City.

'Legal' Philippine divorce

Well, in the Philippines' case, divorce is a little complicated, and in some cases, convoluted. There are cases where divorce is recognized in the Philippines. For instance, divorce is legal if you are a Filipino muslim.

It gets a little more messy.

If a Filipino is married to a non-Filipino (or a former non-Filipino), divorce could be secured, but this is only if the non-Filipino spouse initiates it. But what if you were Filipino at the time of marriage but became naturalized after? Does it apply? According to the Supreme Court, it does.

If two Filipinos got married abroad, does it mean they could divorce? You can not.

Legal separation

Why are some sectors in society, particularly feminist groups like Gabriela want a divorce law? Well, there are circumstances where in people may want a divorce. For example, wouldn't you want to divorce someone who constantly beats you up? Or divorce a spouse who is a drug addict? A murderer?

There are legal remedies that people in these scenarios can avail themselves of. For instance, there is legal separation. Under Philippine law, repeated violence, physical abuse, a spouse who suffers from drug addiction, or habitual alcoholism are grounds for legal separation. Lesbianism or homosexuality could also be grounds, as well as infidelity, bigamy or abandonment.

The catch is, you are still legally married to your spouse, so you can't remarry again.

Annulment

People who want to distance themselves from their spouse could also avail of Annulment. What this means, the marriage never existed at all. Where does this apply?

Minors who got married could avail of annulment. If the person who married you was not legally authorized to perform marriage solemnized the ceremony. Mistaken identity is a ground for annulment, as well as incestuous marriages, and then there is psychological incapacity.

Complicated affair

So in a way, Filipinos who need a divorce could avail themselves of legal separation or annulment. Yet, legal separation doesn't seem to go far enough--- you can't get remarried if you found someone else. Annulment means the marriage never took place to begin with. In the eyes of the law it would seem annulment is ok, but doesn't that jibe with reality if you did stay together, and had kids together?

Does this make kids in an annulled marriage, bastards?

Let us not even go through the details of cost in terms of money, and in terms of emotional baggage.

Anyone who has been in a relationship knows how complicated relationships are. It is messy. Humans are messy. Nothing is ever clear cut and dry. The reasons why a marriage or a relationship fails is diverse.

The idea of marriage predates Christianity. It wasn't until Saint Ignatius of Antioch that Christians were required to seek the approval of the Church. And it marriage as officiated by the priest was a practice that started only after the Council of Trent..

People without a doubt get married for a variety of reasons. The ideal situation is to marry because of love, and as the romantics call, it ought to last for eternity.

What of the argument that marriage is a sacred vow?

It is a Catholic argument.

Having a divorce law shouldn't and ought not to "water down" the sacredness of marriage.

Divorce doesn't change the fact that before one gets married, they ought to be certain of it. Having a divorce law shouldn't stop priests, family and friends from counseling the future married couple. The presence of a divorce law shouldn't stop a man and a woman from thinking clearly before they get married if they want to spend the rest of their lives with the other person.

And even if one is Catholic, having divorce doesn't necessarily mean you would choose to use it. Having a divorce law in a Catholic nation doesn't preclude the fact that people and couples should stop at nothing to avoid divorce. Couple's counseling and every other effort should be put in place. If unmarried people breakup is bad enough, one can imagine it gets worst being married.

When all has been done, shouldn't people have the opportunity to move on, and find love again?

In a secular society, we ought to give divorce to those who aren't Catholics. It is the same argument as reproductive health. Our nation while predominantly Catholic isn't entirely Catholic. As Catholics we need to respect other people's beliefs, just as we ask them to respect our beliefs.

A referendum perhaps is the best way to ask the people if they want a divorce law.

From a political perspective, yes, should the nation pass a divorce law, this would again be seen as the "dwindling" power of the Catholic Church. Religion is a personal matter. And it is high time we recognize it as such.

In its simplicity, divorce is like insurance. You hope never to use it, but having it could make life overtly easier for a whole lot of people. It could potentially help them move on from a marriage that sucks the life out of them. Like the reproductive health bill, divorce law in its basic essence is about choice.

Photo credit: Some rights reserved by DrJohnBullas