Philippines stands as the sole country outside of Vatican that does not recognize divorce, creating special difficulties for married survivors of domestic abuse who need legal protections against it.
Legal separation and civil annulment are the only two legal avenues available, both lengthy, expensive processes that do not legally dissolve marriages.
Absolute Divorce
Philippine laws on divorce remain a source of frustration for many Filipinos, particularly survivors of domestic violence. Due to a lack of absolute divorce provisions (unlike in other Latin American countries) even married couples who have obtained foreign divorces cannot legally dissolve their union in the Philippines.
Constitutionally speaking, marriage may only be terminated either through court orders issued by the Supreme Court or through legislation passed by both houses of Congress enacted as joint resolution and approved by President of Republic.
House of Representatives members recently approved a bill that would permit divorce in limited circumstances under certain conditions, while it still awaits Senate consideration. This measure has encountered strong resistance from religious and political leaders who support stricter interpretations of Catholic doctrine on marriage, with Church officials strongly objecting. As one of the last countries without legalized forms of separation or annulment available to its population, Philippines remain one of the last few remaining without such legal mechanisms available for consideration.
Relative Divorce
Philippines is one of only two nations outside of Vatican where divorce is illegal, reflecting their deeply-entrenched cultural values and belief that marriage is sacred.
Filipino divorcees face limited options when seeking to end their marriages legally, such as judicially recognised separation (which does not legally terminate it) and an expensive annulment process that requires proof that it was invalid from the start. Unfortunately, this contradicts Philippine international obligations under General Recommendation 35 of CEDAW.
GRW and other civil society groups in the Philippines are pushing for legislation allowing relative divorce. This would allow Filipinos to end abusive relationships without going through costly annulment processes; upholding constitutional principles of separation between Church and State; while providing viable solutions to those trapped in abusive marriages who currently cannot escape through annulments alone.
Nullity
Philippines law does not permit divorce; however, couples may seek annulments and legal separation through various laws that enable couples to do so. These laws operate under the assumption that marriage is sacred institution, and that couples should strive to make their marriages last as much as possible.
Philippine law does allow for some cases of nullity, including situations in which either spouse was psychologically incapacitated at the time of wedding, discovered an incurable sexually transmitted disease post wedding or fraudulent activities (or involuntary marriage without parental consent for partners under 21 years). Unfortunately these requirements can often be difficult to meet.
GRW believes that restrictive divorce rules victimize women by keeping them trapped in abusive marriages and restricting access to options that would help them escape them. As such, we oppose Congress’ current anti-divorce bill and promote free or low-cost access to costly annulment procedures.
Annulment
Philippines laws allow couples to seek an annulment on various grounds; however, this process often involves extensive evidence collection. According to estimates, annulment costs approximately equal to an individual’s average annual salary.
As the world becomes more multicultural and trans-national, couples marrying across states can face complications related to child custody and financial support arrangements. Only recently did the Philippines Supreme Court recognize foreign divorces obtained by Filipino nationals.
Bishop Pablo Virgilio David, head of the Bishops Conference and an advocate of balanced decision making within Philippine church life, can be credited with this decision. His approach serves as a powerful reminder that although Church plays an essential part in life, it does not have the last say on every issue.
