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Divorce In The Philippines


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"Discussing the philosophical/moral/religious/romantic aspects of marriage is a dead end in my opinion. I think everyone agrees why people should get married, stay married, and stay committed."

 

The only reason i brought out this line of reasoning is because for me marriage is more than just a legal concern. If take the "philosophical/moral/religious/romantic aspects of marriage" in the discussion, then you're not talking about marriage at all cos you're only considering one side. Of course, legally, divorse can be justified. After all, legally, marriage is just a piece of paper...a contract....that can be treated as another legal document.

 

If you want a well rounded discusion of marriage, dont brush off important aspects of it. For me, i'm getting into marriage not for the contract's sake but for some other important reasons that you dont want to discuss.

 

I'm sorry...i probably barged in a forum that is purely legal. I'll keep my mouth shut from now on. Thanks.

 

:)

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"Discussing the philosophical/moral/religious/romantic aspects of marriage is a dead end in my opinion. I think everyone agrees why people should get married, stay married, and stay committed."

 

The only reason i brought out this line of reasoning is because for me marriage is more than just a legal concern. If take the "philosophical/moral/religious/romantic aspects of marriage" in the discussion, then you're not talking about marriage at all cos you're only considering one side. Of course, legally, divorse can be justified. After all, legally, marriage is just a piece of paper...a contract....that can be treated as another legal document.

 

If you want a well rounded discusion of marriage, dont brush off important aspects of it. For me, i'm getting into marriage not for the contract's sake but for some other important reasons that you dont want to discuss.

 

I'm sorry...i probably barged in a forum that is purely legal. I'll keep my mouth shut from now on. Thanks.

 

:)

 

I assume your response was based on my last response :)

 

Not at all, nothing to apologize about, and certainly nothing to keep your mouth shut over - this is a discussion board, right? In any case, as you put it, it *is* an issue that has to take several aspects into account. The only point I wanted to make was that the _institution_ of marriage and its underlying "non-material" baggage makes it extremely difficult to have a real discussion (and not just on this board, but in terms of the Phils gov't and society) on the merits of legalizing divorce.

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In the absence of the desired Divorce Laws

We have legal separation and Annulment....

 

Anyone wants to enlighten how things progress?

 

1. Indeed the grounds are established. what are these? (infidelity.... moraly, financial, emotional incapacities...? what else

 

2. What are the usual elements divided apart? Children, expenses, assets and properties ....what else?

 

3. Are there a formulae to this regard?

 

4. Care to share an actual scenario?

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In the absence of the desired Divorce Laws

We have legal separation and Annulment....

 

Anyone wants to enlighten how things progress?

 

1. Indeed the grounds are established. what are these? (infidelity.... moraly, financial, emotional incapacities...? what else 

 

2. What are the usual elements divided apart? Children, expenses, assets and properties ....what else?

 

3. Are there a formulae to this regard?

 

4. Care to share an actual scenario?

 

It is a very slow and tedious process unless you know someone who can make it happen in 3 months for 200,000 pesos and no appearances in court.

 

The usual complaint is psychological incapacity. drug abuse,homosexuality, non-consumation of the marriage vows(no sex) are the rest i think. But these reasons have to be present and was not disclosed before the marriage.

 

Infidelity is not a ground for annullment but for legal separation only.

 

The division of the assets is usually the bone of contention. The kids are used as a bargaining chip unless you can prove that she is an unfit mother. Children below 7 years old are automatically given to the mother.

 

My take on the 3rd question is the actual process? If it is then you have to get a very good lawyer and be honest with him. He will be your friend,priest for the duration of the case.

 

 

I filed my case in 2002 and it is still pending because she is contesting. As i have said in my previous post, she would keep quiet for 2 million.

 

My children are with me except for my daughter who is in college in manila and she lives with my mother.

 

My ex-wife's lawyer has admitted to my lawyer that i really do have a case but it can't be used in court.

 

I am not a lawyer but i read the family code before i filed just to know what are my rights and they are very few.

 

Para hindi OT.

For all of the difficulties a person would go through just to be free, we should have divorce in the country.

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It is a very slow and tedious process unless you know someone who can make it happen in 3 months for 200,000 pesos and no appearances in court.

 

The usual complaint is psychological incapacity. drug abuse,homosexuality, non-consumation of the marriage vows(no sex) are the rest i think. But these reasons have to be present and was not disclosed before the marriage.

 

Infidelity is not a ground for annullment but for legal separation only.

 

The division of the assets is usually the bone of contention. The kids are used as a bargaining chip unless you can prove that she is an unfit mother. Children below 7 years old are automatically given to the mother.

 

My take on the 3rd question is the actual process? If it is then you have to get a very good lawyer and be honest with him. He will be your friend,priest for the duration of the case.

I filed my case in 2002 and it is still pending because she is contesting. As i have said in my previous post,  she would keep quiet for 2 million.

 

My children are with me except for my daughter who is in college in manila and she lives with my mother.

 

My ex-wife's lawyer has admitted to my lawyer that i really do have a case but it can't be used in court.

 

I am not a lawyer but i read the family code before i filed just to know what are my rights and they are very few.

 

Para hindi OT.

For all of the difficulties a person would go through just to be free, we should have divorce in the country.

 

 

200k is really expensive but you cant put a price to freedom

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Guest wackeen
But the thing here is they already got their selves into it… were talking about those people who were already got married for wrong reasons… people who viewed and realized that getting married was a mistake… people who are suffering, being abused and living in a miserable life during their marriage… how about those people who became a victim because of these mistakes? And their children… aren’t we going to give them another chance?

 

 

using this post as a jump-off point, but Tanya am not directly responding to you..

 

the beauty of these forums is we can make focused but well-rounded discussions. pag masyadong malawak ang topic, sabog na masyado di ba? and so fortunately or unfortunately, divorce is primarily a legal matter.

 

divorce is a legal remedy or escape route from a marriage (as a legal union). now the reasons to enter and exit marriage are multi-faceted. in the case of abused women and children there problems are much deeper than a marriage contract. there are bad husbands and bad fathers (say what you will, but you can be one but not the other). divorce will help in managing one, but not the other.

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using this post as a jump-off point, but Tanya am not directly responding to you..

 

the beauty of these forums is we can make focused but well-rounded discussions. pag masyadong malawak ang topic, sabog na masyado di ba? and so fortunately or unfortunately, divorce is primarily a legal matter.

 

divorce is a legal remedy or escape route from a marriage (as a legal union). now the reasons to enter and exit marriage are multi-faceted. in the case of abused women and children there problems are much deeper than a marriage contract. there are bad husbands and bad fathers (say what you will, but you can be one but not the other). divorce will help in managing one, but not the other.

 

i guess you’re right divorce is something more about legal matter and we should know them first if were planning to go through it. kaya lng kse wala pa ring divorce d2 saten kaya im asking everyone if their agree or not, but its really nice to know about the legal matter pra ma-educate din kme so thank you guys for sharing your thoughts and knowledge about this thread. :) keep it up! :cool:

 

to hmlokh thanks a lot sa mga info.. ive learned a lot sa mga posts mo.. :)

 

basta ako, i still agree that we should have divorce in the ph. I guess mas marami ang nag post na agree din cla.

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i won't go for divorce in the phils.. kase baka ma-take for granted lang yung marriage kung sakalai eh..

 

though i know mahirap, matagal and magastos yung annulment process, mas mabuti pa din yun para hindi magpadalus-dalos yung mga nagpapakasal.

 

sabe nga ng Diyos diba, what God has joined together, no man shall separate them (tama ba?) =)

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  • 1 month later...

Panibagong dagok sa mga Kelots

 

Di ko maconfirm kung naging LAW na ito or pipilitin maging Law ito by Feb 14, 2006.

MARITAL INFIDELITY. Meaning huli ka, patay kang bata ka ......

 

 

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

 

Thirteenth Congress

First Regular Session

 

House Bill No. 1017

 

.............................

 

SECTION 1. Article 333 of Revised Penal Code is hereby amended to read as follows:

 

"ART. 333. Who are guilty of MARITAL INFIDELITY [Adultery], -- MARITAL INFIDELITY [Adultery] is committed by any married PERSON [woman] who shall have sexual intercourse UNDER SCANDALOUS CIRCUMSTANCES with another PERSON not HIS OR HER SPOUSE [husband] and by the PERSON [man] who has carnal knowledge of HIM OR her, knowing HIM OR her to be married, even if the marriage be subsequently declared void."

 

"MARITAL INFIDELITY [Adultery] shall be punished by prision correccional in its MINIMUM AND medium [and maximum] periods."

 

[if any person found guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.]

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there should be divorce in the philippines simply because annulment is prevalent nowadays.

 

at least in divorce, you won't deny that the marriage existed. in annulment, the contention is that it was never valid.

 

look at pops and martin: can anyone say that they were never married to begin with?

 

annulment is a form of hipocrisy, one that is condoned by law.

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i want to get a divorce not only because i want to remarry. i may want to use my maiden name again. i may want to get rid of the responsibility that binds me as a spouse, fidelity and other marital contrapments (imbento ko). i am running away from that bill that they are proposing.

presently, he may do something drastic once he sees me. :hypocritesmiley:

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Panibagong dagok sa mga Kelots

 

Di ko maconfirm kung naging LAW na ito or pipilitin maging Law ito by Feb 14, 2006.

MARITAL INFIDELITY. Meaning huli ka, patay kang bata ka ......

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

 

Thirteenth Congress

First Regular Session

 

House Bill No. 1017

 

.............................

 

SECTION 1. Article 333 of Revised Penal Code is hereby amended to read as follows:

 

"ART. 333. Who are guilty of MARITAL INFIDELITY [Adultery], -- MARITAL INFIDELITY [Adultery] is committed by any married PERSON [woman] who shall have sexual intercourse UNDER SCANDALOUS CIRCUMSTANCES with another PERSON not HIS OR HER SPOUSE [husband] and by the PERSON [man] who has carnal knowledge of HIM OR her, knowing HIM OR her to be married, even if the marriage be subsequently declared void."

 

"MARITAL INFIDELITY [Adultery] shall be punished by prision correccional in its MINIMUM AND medium [and maximum] periods."

 

[if any person found guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.]

 

ano'ng dagok sa kelots, parekoy? e sabi ng lawyer kahit nakababa pa ang panty nung bebots e pwede pa magdahilan yun kelots. magsaya kayo!!!

Adultery is committed by women. ewan yun bill na yan! tao lang din kami. sana parehas ang laban. :hypocritesmiley:

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I agree there should be divorce here - the only reason that there isn't is due to the pressure from the Church not to legalise it - in reality quite absurd as there already Annulment and Separation laws.

 

It also opens the way for people who escape an unhappy/unfulfilling marriage to get married again if they find the right person. Currently this is not possible and so you have people living together who may not have the same rights as married couples.

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Any accusations are bound to be proven.

This is about the law, not about how to circumvent it. Ika nga whether whether lang iyan.

Di nga parehas as you said ....

 

ano'ng dagok sa kelots, parekoy? e sabi ng lawyer kahit nakababa pa ang panty nung bebots e pwede pa magdahilan yun kelots. magsaya kayo!!!

Adultery is committed by women. ewan yun bill na yan! tao lang din kami. sana parehas ang laban.  :hypocritesmiley:

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Hmmm Divorce in the Philippines? I think we should have divorce as a mechanism to get out of a marital bind that has become oppressive to one or both parties. Right now, under our Family Code, marriage is the ONLY contract that assumes perpetuity and without any facility for pre-termination. Annulment only argues that the marriage was never really consummated.

 

Here are some points:

 

1. As a legal instrument, marriage should be subject to some termination mechanism, just like any other contract - a mechanism to agree to disagree agreeably.

2. It's better to provide solid, legal provisions on how to settle marital divorce with the interest of all parties served equitably.

3. Legal separation is not enough because it does not provide any legal protection to future partners and offsprings of both parties. It becomes prejudicial by default.

 

As for opposing it due to the fear that marriage will be trivialized, try asking those who have gone through some separation. It will never be trivial. There's too much emotional capital at stake.

 

People make mistakes. Everyone deserves second chances.

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