Divorce in the Philippines

[babyjapnurse01]

antagal narin na puzzle sakin yang bakit hindi ma-grant grant yung annulment nila brix and amy..

yung divorce naman kasi is in a bad light because of how they do it in Nevada, masyado kasing maluwag, kahit anong reason nalang maistate mo basta agree both parties mabilis ang proseso sa kanila.

kung magkakaron man nyan dito, they have to set siguro yung ano difference nyan sa legal separation and annulment, i watched harapan last night and ang gagaling ng nagdedefend sa mga anti-divorce eh, ang bottomline nga naman, it takes the thrill off marriage eh, but then undeniably meron din talagang mga hopeless cases na tipong nagawa na lahat and yet di padin umuubra, kaya 50/50 padin ako dito.

[commish]

^ i guess this could enlighten a little in regards to the amy perez - brix ferraris failed annulment case:

http://famli.blogspot.com/2006/07/amy-perez-case-psychological_30.html


try to read this further hon, ngayon ko lang nalaman that there is a new relaxed rule on annulment of marriages promulgated by the Supreme Court in March 2003.

[mhynne]

ISHKO Ang sabi ko "Di ba si Amy Perez hangang ngayon di pa ma annull?" wala naman ako sinasabi na annulled na sila ah =) kawawa naman si Amy. Pag celebrity kasi masyadong alam ng tao ang nangyayari sa buhay mo kaya wala kang pwede itago. I know some annulments kasi they exagerate para magrant. Im not sure baka the fact that she has someone else now affected the ruling??? Swerte ako nun when I had my annulment, yung judge ko nagpannul rin eh! sabay pa lumabas un ruling namen hehe

COMMISH yup I agree. Divoce nga is presented to a judge. This happend to a friend of mine. Pero parang they check lang yata kun may discrepancies. Im not really sure. Basta more on formalities na lang kasi ang lumalabas eh. They both agree to seperate they both sign the papers.

[freeswan]

maybe i could help here in some way. there was a DEBATE in ABS last Sunday about the Divorce bill. in fairness kahit magulo yung debate, may natututunan din ako.

annulment is different from null and void. there's a big difference actually.

ground for annulment:
pagpapakasal ng 18-21 years old na walang tamang pahintulot
shotgun wedding
fraud- ex. wife is pregnant by some other man
mental illness
STD
infertility

grounds to call a marriage null and void:
those who solemnized the wedding is not legit or doesn't have the authority
psychological incapacity
incest
bigamy and polygamy (the second wife is not considered legal)

madami pa for null and void but for annulment, it will still recognized that you are married but has the grounds to nullify it while grounds to call a marriage null and void is walang naganap na marriage at all pero kelangan dumaan sa proceso for the purposes of remarriage.

if i remember it correctly, yung kay ruffa guttierez, her case was to call the marriage null and void because she was still married to an american guy a long time ago d ba?

so that's the thing why divorce law is needed here in the philippines; kasi ang mga kagaya ni amy perez  ang kawawa. besides, the divorce law "philippine style" as they call it will define yung division ng properties and rights ng mga bata with all the assets after the divorce. with the annulment kasi, parang malabi ito.

while the others say oo nga naman bakit magkakaroon pa ng divorce law eh kung may annulment naman. sabi nga ng husband ko, he will have a GO on divorce law as long as everybody including the poor ones have access to this. kasi, ang mahal ng annulment.

but, others will say, especially the church, that this will become a precedent of other laws that will lose the morals and biblical teachings. mamaya niyan, papasok na abortion bill, etc...

ako naman, i'm a GO on this. but let this be not an option to every marriage. dapat very strict ang specific sila sa mga pamatayan ng divorce bill. according to my husband, if at any case, a situation will affect violation against women's rights, automatic na daw yang divorce bill.

others are just afraid of the word divorce. agree ako that marriage is also a social reality. all of us, who are in a marriage will do our very best to stay in that marriage. d ba who wants to live in a crappy relationship? at the end of the day, if you are confident and happy with your marriage, the divorce bill will not threaten you. but, if in case, worse comes to worst, your husband will hit you, at least may protection ka. in fact, sabi ko nga, the divorce bill will strengthen my marriage. kasi the couple will try their very best to stay in the marriage knowing that there is a legal option for them to part ways.

[pinkk]

Imao, as i understand, divorce( with collusion) involves more money discussions than annulment.

[morbiedoll]

I'm all for it, not because almost every country in the world has it, but because it somehow empowers mostly women, with choice. Yes may annulment pero not only is it expensive, pero napaka kitid ng grounds nito to actually dissolve the marriage and consider it null. Paano yung mga taong physically or mentally abused? Paano yung infidelity? What happens after annulment since the marriage is considered null? And daming dead-beat fathers d'yan to their children.

The church always argues that divorce taints the sanctity of marriage.. so bakit yung annulment, hindi? Sabi nila it will disintegrate the Christian community? uhm... How can you expect the community to build, when the basic unit is weak? Nagbabatuhan ng kung ano-ano, kung mag murahan parang walang mga bata... So really, those families affected,  are they saying that, that is as good as it's going to get kaya no need to change it?

What this bill needs are clear-cut rules, specific premises to push through though.

[ReservoirDogs]

I'm pro-divorce.  Infidelity, which arguably is the major reason why marriage falls apart, is not a valid ground for annulment.  Basahin nyo yung married life section dito, marami about kabit, lol. I think legal separation lang kapag infidelity (lawyers on this forum can correct me though).  And, ang usual na ground na ginagamit sa annulment ay psychological incapacity.  However, hindi porke nambabae/nanlalake or nambugbog ka automatically psychologically incapacitated ka na.  At mind you, mahal ang magpa-psychological test; one set of battery tests costs around 7K na.  Hindi pa kasama mga interviews dyan with a psychologist.

di ba pwedeng idemanda or ipakulong yung abuser?

Yes, pero let's face it, mahirap ipakulong ang asawa mo. Katakot-takot na hearings and consequently dagdag gastos. More importantly, you're still married to your abuser kahit na nasa kulungan na sya.

However, I do agree with others here that if the lawmakers want to pass this bill (or meron na ba?), dapat clear-cut and strict ang provisions at sana ang mahihirap ay makinabang rin. 

[morbiedoll]

^ not to mention sana they educate the mahihirap... Sana yung bill they explain to the mass in a way they'd understand and benefit from.

[pinkk]

http://ph.news.yahoo.com/sws-half-pinoys-favor-divorce-separated-couples-103705018.html

[aquacharly]

I agree with RESERVOIRDOGS.  We should face the reality that psychologically incapacited or psychologically fit... basta infidelity is the recurring theme of the marriage, there is no marriage to speak of anymore generally.

A Marriage Contract is a Deal, basically.  When it is no longer mutually advantageous, hence.. no longer a good deal.. the parties should be free to dis-engage themselves/end the deal.   Why should a historical choice/decision  bind both or 1 to a life of continuing misery?   

IMO, it is beneficial to have orderly endings to messy/unhappy marriages.  Divorce is 1 orderly ending.

[mooncake and leaves]

can't blame the church, The Catholic Church to be specific, for disagreeing with divorce. as far as the Catholic Church is concerned, there is permanence in marriage and divorce negates that completely. if the divorce bill doesn't get passed in The Phils., don't blame the church-blame the state. The Catholic Church isn't going to turn its back on its truths and teachings just so we wouldn't be inconvenienced.

should we elect to legalize divorce, under many restrictions, i don't see it being cheap and readily available to everyone. to prove the grounds of divorce, you'll still need lawyers, you'll still go through litigation and that is something the low income families may not be able to afford.

[kvandenhaak]

I don't understand why the Catholic church won't allow divorce while the Bible allows it on certain situation.

But anyway, so ganun pala ang annulment. Pag pala di pinayagan, sorry ka na lang? Sa divorce kasi, only the both parties can stop the divorce. Kahit ayaw nung isa, walang magagawa dahil ayaw na nung isa.

[smoothie]

i'm all for divorce.

[amy farrah fowler]

pro-divorce all the way!  why stay stuck in a loveless and abusive marriage? 

[imyourangel]

I'm not really for divorce... but since the guy I like is married, I think I'll change my mind. LOL.

[davesant32]

Wag na lang po. Pwera na lang kung nakasasama talaga yung pagsasama ng mag-asawa tulad ng abuse, o oppression.

[Glam21Vylet]

Pro ako.. it doesn't mean that I am not happy with my marriage but para sa iba na hindi.. siguro dapat lang may mga matibay na reason for divorce hindi yun basta naisip lang divorce na..

[shoutingwind]

Pro Divorce. Pero I hate the idea ng may validity ang marriage.

Parang lokohan na yun kasi parang ginawa nyo na empleyado ang asawa nyo. Pag hindi nagustuhan ang pag sisilbi... hindi na kita i rerenew!
At least ang divorce mas easy kesa annulment pero may sistema naman.
You still have to prove na hindi na talaga nag wowork.

[pressany]

Divorce should be legalized and institutionalized in the Philippines.  Divorce will clarify issues of property settlement and alimony without denying the existence of the marriage as in the case of annulment.

Clarification:
Divorce is legal separation while annulment is is a legal procedure for declaring a marriage null and void.

Declaring a marriage to be void from the very beginning poses a lot of problem such as the legitimacy of the children, ownership of assets gained "during the marriage", and settlement for aggrieved parties.

In short, pag divorce magbabayad ang nang-api sa naapi.
 

[luisacart]

usually ang kawawa talaga sa abusive marriage ay ang babae. sana ma-approve ang divorce bill.
meron akong napanood nood sa BBC (not sure kung bbc nga un.. baka national geo) na pilipina
at yung bf niya na british na nakulong dahil sa kasong adultery. yung ex nung pilipina eh may
 kinakasama nang ibang babae tapos may mga anak na din dun sa ibang girl pero parang ayaw
niyang maging maligaya yung pilipina na ito, so nung nabuntis nung bf niya si girl, idinemanda ng adulter.
may proof daw dahil nung time na hinuli yung babae ng mga pulis eh kabuwanan pa niya. grabe talaga.
matagal na silang separated pero her ex was just mean spirited talaga.