Divorce In The Philippines

[willow_boy]

... the children should not be made to suffer...

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I strongly support the legalization of divorce in the Philippines primarily for the above-stated objective.

 

Given my quite limited knowledge of the law, in my opinion, the current provisions on legal separation and annulment are not robust enough to guarantee that this objective will be attained. Someone can correct me if I'm wrong here.

Edited June 5, 2006 by willow_boy

[wetkizr]

It would be better if we would still keep the current Law about marriage (no Divorce) as it would Benefit the Children...

[awo]

i agree to this law....

[lomex32]

Legal separation and annulment is a mere mockery of marriage itself

while to me Divorce is a complimentary package to it.

 

A marriage contract is a legal binding contract, the uniqueness of it compared to other

contracts is that it is perpetual, as if nothing ends in this world.

 

A contract must have

-------------------------

Term

Renewal mechanism

Termination mechanism

 

 

We already have legal separation and annulment. What's the market for divorce?

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Edited June 6, 2006 by lomex32

[BnF95]

Legal separation and annulment is a mere mockery of marriage itself

while to me Divorce is a complimentary package to it.

 

A marriage contract is a legal binding contract, the uniqueness of it compared to other

contracts is that it is perpetual, as if nothing ends in this world.

 

A contract must have

-------------------------

Term

Renewal mechanism

Termination mechanism

 

Wouldn't a Legal Separation be considered an "escape clause" then? :cool:

[lomex32]

Negative to that, because you will not be able still to engage in a new contract.

I will not call that escape.

 

Wouldn't a Legal Separation be considered an "escape clause" then?  :cool:

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[G T]

i agree. i think divorce is better than annulment and legal separation that we have right now.

[BnF95]

Negative to that, because you will not be able still to engage in a new contract.

I will not call that escape.

 

True ... what about Annulment as the escape clause, it does give the ability to enter into a new contract.

 

Though honestly, some people are really weird about these things. My idiot brother, after having his marriage annuled, two years later, remarried his ex-wife.

[lomex32]

Annulment is based on the premise that a/the defect was PRIOR to the engagment of the contract thus making it NULL and VOID.

 

Divorce will perhaps embody much of the defects - prior/current/imminent/potential/consumated

Divorce will be a mechanism for dissoluton for parties that once agreed to the contract.

A cost-effective and hassle-free dissolution

 

Dont get me wrong, i believe to the sancity of one, i still advocate the value of such - trust, respect, submission, faith - In this manner we may then refer such to below posted ...

 

True ... what about Annulment as the escape clause, it does give the ability to enter into a new contract.

 

Though honestly, some people are really weird about these things. My idiot brother, after having his marriage annuled, two years later, remarried his ex-wife.

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In short all those who want to get into a contract so be it .... those who bind their relationship on the context of love, trust etc ... then just get on with it ....

 

The government should get out of the business of marriage.

Marriage should have NEVER been a government's undertaking.

The problem with the government or any government's idea of a marriage contract is that it is a moving target, always changing with the times, with the whims of each congressman, senator or president.

What kind of a contract is that if it keeps changing as times go by?

Good grief!  Would you sign such a contract?

Give me a break!

 

Each to his own contract.

I say each to his own religious ceremony ONLY.

Never sign up with any government sanctioned marriage!!!

 

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[Guest BDC0425]

I do agree with divorce BUT ang dowside nito is mas magkakaroon ng maraming broken families kase mas malakas ang loob ng mga tao magpakasal then pag ayaw na divorce agad. yes the process is not that easy pero ganoon pa rin yun mas malakas ang tao magpakasal then after mag divorce na lang.

[Wacky Dreamer]

I believe that once there has the existence of Divorce as an option, we will have a new conception for marriage or "married life".

 

This new derived concept will influence actions for people who are deciding to marry or not. Good thing is, people will surely think it over (, will they?)

 

The new brave concept will first break active marriages into a sense of insecurity.

 

Next is disrespect toward marriage in the Philippines to be exhibited by other cultures (like muslims and jews), by our old folks, by the church, and a bit by us (as we compare it from the latter concept, nah!).

 

And then we experience the transition of culture: couples marry at their late 20's, all women have their right to bare a child - single motherhood, kids and parents gap 30 years, parents separate - leave 1 child, the nation lacks manpower - hire chinese, yes to gay marriage...

 

Can we cross the bridge when we get there?

[lomex32]

Gentlemen,

 

Indeed, your fear is as good as anyone else's ......

Just like any other law, it is bound also for misuse and abuse, disobedience and disrespect

but the need is there, so we just let it nevertheless

 

True enough when marriages fail, it may have not started right at the

first place... couples are then prepared to think x times before doing so.

 

 

I do agree with divorce BUT ang dowside nito is mas magkakaroon ng maraming broken families kase mas malakas ang loob ng mga tao magpakasal then pag ayaw na divorce agad. yes the process is not that easy pero ganoon pa rin yun mas malakas ang tao magpakasal then after mag divorce na lang.

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I believe that once there has the existence of Divorce as an option, we will have a new conception for marriage or "married life".

 

This new derived concept will influence actions for people who are deciding to marry or not. Good thing is, people will surely think it over (, will they?)

 

The new brave concept will first break active marriages into a sense of insecurity.

 

Next is disrespect toward marriage in the Philippines to be exhibited by other cultures (like muslims and jews), by our old folks, by the church, and a bit by us (as we compare it from the latter concept, nah!).

 

And then we experience the transition of culture: couples marry at their late 20's, all women have their right to bare a child - single motherhood, kids and parents gap 30 years, parents separate - leave 1 child, the nation lacks manpower - hire chinese, yes to gay marriage...

 

Can we cross the bridge when we get there?

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[Crew Ship]

I really do hope the divorce law won't be passed here in the Philippines.

[free2nyt]

Definitely agree. Why stay in a relationship thats not working?

[complicated8]

i just want to ask why do muslims allow more than 1 marriage and have divorce too.

 

You are all afraid of what may happen. Just look at the guy example b4 na nag-annul pero nag-remarry. What about the Estrada's, Revilla's, FPJ's? they all have children out of wedlock and have concubines? Is that really better?

 

If you married legally by government, then follow the rules of government. Marriage is a contract.

 

If you want married thru church and believe in it, then follow your religion.

 

I dont want to govern other peoples' lives. So why not give them the choice? The wrong here thing is you are removing the choice by not allowing divorce.

 

Nothing is permanent in this world even your life. Even people change their religion. Even a priest can give up his marriage to God and be married to another person.

 

What makes the marriage of two people so different? If a priest can give up his vows, what makes an ordinary person not be able to give up his marriage vow?

[myfreeride]

Divorce? Agree!

 

Annulment is the churchs way out for something it can not control. Why? annulment is as if you were never married! never loved your spouse! that everything was a bad joke, a bad dream.

 

most marriages started out fine until something happens, so how can there be no marriage in the first place?

 

Divorce gives more protection.

 

We should have a choice.

[DomPerignom]

I agree with this totally. The possibility of divorce would make people take better care of their marriage. It can only be beneficial to Filipinos.

[Guest BDC0425]

Gentlemen,

 

Indeed, your fear is as good as anyone else's ......

Just like any other law, it is bound also for misuse and abuse, disobedience and disrespect

  but the need is there, so we just let it nevertheless

 

True enough when marriages fail, it may have not started right at the

first place... couples are then prepared to think x times before doing so.

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katulad nga sabi ng iba posters may legal separation na may analment or is it ..... annulment pa so bakit pa kailangan ng divorce??? its like having the electric chair, the garote, and the lethal injection. ano yun papipiliin ka saan mo gusto mamatay or in this case paano mo gusto sirain ang pamilya mo...???

[lomex32]

Nobody wants to destroy a family .... BUT

nobody also can do away with conflict that merits disollution .......

For any engagement (getting in) there must be a mechanism to for disengagement (way out)

 

Annulment is getting out the from through the the ENTRANCE - pagpiyepiyestahan lang ng psychologist and lawyers. Almost all of the cases filed use "Phsycological (#(I#((#I))"

 

Ano ito - NAMATAY KA dahil HINDI KA PALA NABUHAY at the 1st place - Crap

 

Legal Separation - is a just a form trial divorce but it does not bring your butt anywhere

Ano ito - NAGPAPATAY PATAYAN lang kayo kunyari .....

 

If we all agree that we make mistakes - TELL ME KUNG SINO ANG HINDI

Then we just might agree on a CLEAR CUT dissolution.

 

On the premise of children, property etcetera - let the government do its job.

 

Kung mga morality and sanctity ang paguusapan, let the CHURCH do its job.

 

 

 

katulad nga sabi ng iba posters may legal separation na may analment or is it ..... annulment pa so bakit pa kailangan ng divorce??? its like having the electric chair, the garote, and the lethal injection. ano yun papipiliin ka saan mo gusto mamatay or in this case paano mo gusto sirain ang pamilya mo...???

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My point exactly. Legal separation and annulment are already entrenched in our Civil Code. Like all laws, not everyone is pleased with all its provisions.

 

Granting meron tayong mga di nagugustuhan sa present laws natin, the best option would not be to draft a divorce bill but to amend the present laws on legal separation and annulment and incorporate the changes na gusto natin.

 

And since the Constitution is so worded as to protect the sanctity of marriage and the family, mag-agree na kayo sa Cha-Cha at sulatan nyo si Congressman na baguhin na ang Declaration of State Policies.

 

O di ba? Think of it. Incentive ito para sa mga me gusto sa divorce para baguhin ang Constitution natin especially the provisions on marriage and family.

 

Our present laws on dissolution of marriage are okay naman. Marami lang umaangal kasi mahal daw to go through the entire process. Eh ano ba gusto nyo? Mamaniin lang ang pagsira sa basic unit of society?

 

I think not!

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[ric2000]

yes to a divorce law, it was here before and should be again.

[willow_boy]

yes to a divorce law, it was here before and should be again.

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I think you're right. I think we had divorce laws during the American period.

[himod]

In my opinion a divorce law would be beneficial to the Philippines, so couples could easily get out of a

 

tumultous relationship, if and only if, every ways to settle a marital problem has been exhausted.

[lomex32]

I agree

 

Nakaoutline na mga steps with specific time frames.

 

In my opinion a divorce law would be beneficial to the Philippines, so couples could easily get out of a

 

    tumultous relationship, if and only if, every ways to settle a marital problem has been exhausted.

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[Guest BDC0425]

ang tingin ko sa point ni pareng lomex is divorce is a way to get out of marriage kung ayaw mo na sa asawa mo kahit na wala reason to part ways. basta you dont love your partner then divorce na lang. and this point is also the fear or should I say the objection of the anti divorce na members dito.

Edited June 9, 2006 by BDC0425

[2003rdb]

Ah so, bale ur main beef with our present laws on the dissolution of marriages is the time frame. Ur right, it takes a very long time to go though the entire process, ang mahal pa.

 

What u want is an Express Counter where u can expedite the whole process and get a new lease on committing the same mistake again.

 

Well and good. I see ur point and I expect u see mine, too.

 

Just for the sake of discussion: could u draft ur idea of a divorce bill? What will be its provisions? How will it be different from our subsisting laws that address the same issues?

 

Should be interesting reading.

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I am not a lawyer so I can't claim to know more than you do. But as a layman (figuratively and otherwise), my understanding is that the difference goes beyond timing and expeditiousness (is there such a word?) Correct me if I'm wrong, but I think our present laws provide for annulment or separation of properties only.

 

My own beef is with regard to annulment. Why pretend that something wasn't valid from the onset when it was? Why not call a spade a spade, and say that people make mistakes and can therefore undo their mistakes legally and responsibly, paying for the price.

 

As far as separation of properties are concerned, isn't it that the separated couples couldn't remarry after?