No need for divorce law

Every couple entering marriage always begins with the best intentions, the highest hopes, and the firmest commitment to the partnership. Newly married couples expect their marriage to last forever. Yet, for some couples, a different dynamic emerges along the way. The relationship is tainted by abuse, abandonment, violence, even criminal activity. It is for these dire situations and considerations that a divorce bill is, once again, being proposed in Congress to provide relief and remedy.

But is it necessary to pass a new law to resolve these crisis situations within a marriage? Within our current system, our Family Code already allows for legal separation, civil annulment, and declaration of nullity of marriage. Each recourse may be validly sought by couples, depending on the specific grounds and prevailing conditions. For example, legal separation could resolve a relationship where there is physical abuse, drug addiction, infidelity, abandonment, and homosexuality, among others. Once granted by the courts, the couple would no longer be required to live together, though the marital ties remain. Financial obligations may also be severed in certain cases. The marriage could also be annulled civilly also on specific grounds, such as when there is a defect/vice in consent at the time of the marriage. Marriage could also be declared null and void if specific technical and substantive grounds could be proven, including the psychological incapacity of one or both spouses to fulfill the essential marital obligations.

Given the scope of these three remedial actions, there is no need for separate divorce law for the same grounds or conditions already existing in the current law. The Family Code gives as much relief as possible without undermining the sanctity of marriage, an institution protected by our Constitution. Every valid marriage is inviolable and indissoluble. Every married couple vowed to this effect for which they must stand accountable.

Eileen Zshornack-Araneta,

Alliance for the Family Foundation Philippines, Inc.

[email protected]