In today’s world, it’s common to see married couples seeking divorce, but the Philippines stands out as the only country outside the Vatican where divorce is illegal. This situation arises from a combination of cultural, religious, and legal factors deeply rooted in the nation.
CATHOLIC INFLUENCE
The Philippines has a predominantly Roman Catholic population, which greatly influences its laws and policies. The Catholic Church’s strong opposition to divorce stems from its belief that marriage is a sacred and unbreakable union, leading to the legal prohibition of divorce for most citizens.
EXCEPTION FOR MUSLIMS
The only exception to this law applies to the Muslim minority, who represent about 6% of the population. Under the Code of Muslim Personal Laws, they can legally dissolve their marriages through divorce according to Islamic practices, leaving the rest of the population with limited options.
ALTERNATIVES TO DIVORCE
Despite the ban on divorce, Filipinos can pursue other legal alternatives to end their marriages:
- Annulment: This is the most common method, declaring a marriage null and void. However, it requires proving specific grounds like psychological incapacity or fraud, making it a lengthy and costly process.
- Legal Separation: This allows couples to live apart and divide assets but does not terminate the marriage, meaning neither party can remarry.
- Nullity of Marriage: Couples may seek to prove their marriage was invalid from the start, often in cases of bigamy or underage marriage.
GROWING PRESSURE FOR CHANGE
There is increasing advocacy for the legalization of divorce in the Philippines, with many arguing that the lack of divorce options traps individuals in unhealthy relationships. Supporters claim that the right to dissolve a marriage is essential for personal well-being.
HISTORICAL DEVELOPMENTS
In 2018, the Philippine House of Representatives passed a divorce bill for the first time, proposing legalization under specific conditions like irreconcilable differences. Unfortunately, the bill did not progress. In May 2024, another bill—known as the Absolute Divorce Bill—passed its third reading but still faces significant opposition from the Senate and the Catholic Church, preventing it from becoming law.