LEGALIZATION OF DIVORCE

I. Introduction

Divorce is a legal action between married people to abort their marriage relationship. It
can be referred to as dissolution of marriage and is basically, the legal action that ends
the marriage before the death of either companion. Marriage is intended to last forever,
and the vows generally contain the expression, "till death do us part" These are the
words most of us believed in. Marriage is seen as a sacred union between a man and a
woman, and so it must be revered and valued with respect. But what if the passion that
a couple once shared fades away? What if love becomes fragile and unpredictable as
time passes? What if something changes and a person starts to live a life full of misery?
Divorce will be one of their ways to fix these problems. This can be done in the
Philippines. The current condition demands this. Reality tells us that there have been
many failed, unhappy marriages across the country. Love is never as blessed as people
expect it to be. Divorce is never such catastrophic thing as people think. Divorce gives
people a new start to a better life. Living in a marriage where intimacy, respect,
affection, and compatibility have vanished is a life without hope.

A. Introduce the topic

Starting at 2003, it was recorded that 4 out of 25 relationships in the Philippines end up
in Legal Separation. Different couples choose not to authorize their partition essentially
in light of the fact that they can't bear the cost of it. This is one of the numerous reasons
why numerous legislators are ace separation. Separation is the lawful disintegration of a
marriage by court or other skilled bodies (Oxford, nd.). It is route less expensive than
dissolution and legitimate partition. Philippines is the solitary country on the planet that
doesn't permit separate on the grounds that the Church is against it. All nations
remembering overwhelmingly Catholic nations for the world like Spain, Poland, and
Mexico grant separate. Perhaps the Church there has contradicted it, however the state
has perceived the privilege of couples to pick the existence they need (Wallace, 2013).
The separation bill has been moped in the Philippine Congress for a very long time.
Albeit the Church is against Divorce, it should in any case be authorized in the
Philippines since it is helpful to battered spouses, couples with ineffective relationships,
and the offspring of isolated couples.
Separation is advantageous to battered spouses in light of the fact that in the
Philippines, disloyalty and actual maltreatment are not justification for revocation
According to the Philippine Commission on Women, "actual wounds or potentially wife
battering stays to be the most common case across the twelve-year time frame, from
1997–2009, bookkeeping almost half (45.5 percent) of all announced viciousness
against ladies (VAW) cases cross country" (p. 147). For example, the marriage labored
for a very long time, yet later the spouse gets brutal and faithless to his better half.
These may not be utilized for invalidation under Article 36, except if it very well may be
demonstrated that these are appearances of mental powerlessness that went before the
marriage. The separation law will give an answer that Article 36 can't uphold. "A
separation law will give a direct solution for a conjugal disappointment for it doesn't
worry about legitimacy or weakness of a marriage and it ends a marriage dependent on
a ground that happened during the marriage" (Ursua, 2013)

The separation bill is for couples who can't endure to live with one another for any
convincing reasons. On the off chance two or three loves one another, they won't be
influenced by the sanctioning of separation. Legitimizing the separation bill would
likewise not break the companionship of steady and satisfied families—individuals who
are against separate from guarantee that there is a more extensive way to unethical
behavior and conjugal betrayal. As far as I might be concerned, this declaration is crazy
since it is the decision of a man or a lady to stay devoted to their accomplice. Any
enactment would not influence an individual's reliability and honesty to their better half
or spouse. Once more, two or three loves one another, they would not be influenced by
the authorization of separation. In this way, the said proposed law would not influence
their dependability and lead towards their companions. Of the multitude of reasons
given above, I can genuinely guarantee that the separation bill ought to be authorized in
the Philippines quickly. Not exclusively would it be able to help the families, however it
additionally makes it legitimate: remarriage, kid backing, and authority, division of
property and obligations. Separation favors beaten spouses, couples with despondent
connections, and offspring of separated from couples. It should likewise be sanctioned
in the Philippines.

II. Counter Argument

The Philippines' burden of separation law has been the most disagreeable discussion
and social issue for an all-inclusive period. Above all else, the Philippines is a
transcendently Catholic country. Thus, bringing about a perpetual to and fro banter
concerning whether its authorization would reinforce the country's status as far as
conjugal partition. Unlimited instances of spousal maltreatment in families have gotten
famous in the Philippines According to fundamental discoveries from the 2017 National
Demographic and Health Survey, one out of four ladies between the ages of 15 and 49
saw physical, sexual, or psychological mistreatment from their mates. One of the main
sources of this is the maltreatment of liquor and medications, which turns into a critical
issue if the gathering won't restore and keep on manhandling the substance, especially
in a nation like the Philippines where most of instances of constant liquor abuse are left
untreated, causing a continuous issue of viciousness and homegrown maltreatment in
the family that can offer ascent to shaking. The two sides ought to have the option to
document a separation or a partition from their accomplice after a specific measure of
medication misuse has been accomplished to free themselves of such viciousness or
misuse. Single guardians who can't address the family's issues and are isolated from
their accomplices are kept from getting youngster uphold on the grounds that they are
now lawfully wedded. As it were, this can be seen yet not restricted to a "favorable to
ladies enactment" that can additionally secure ladies and their kids' government
assistance. Hitched couples ought to have the opportunity to choose if separate is
significant or essential. In our present age where the Catholic Church is constantly
tested by the reformist wings of parliament and common society, opportunity has
become the word most enormously connected with current social issues. Society needs
to carry out same sex marriage, legitimization of pot, and so forth The execution of
separation is simply one more law that practices our entitlement to be free and to go
about as we want inside the domains of our country's laws obviously. We ought to have
the opportunity to choose who we need to have a family with and who we need to spend
the remainder of forever with

The greatest factor regarding why the Philippines should dismiss separate is religion.
Around 83% of Filipinos are Roman Catholics (de Leon, 2014). This implies that the
congregation's assessment matters a great deal to individuals, and the congregation
solidly says no. Initially, marriage is one of the Seven Sacraments that all Catholics
celebrate and hold dear. Marriage, as indicated by American Catholic, is a public sign
that one gives oneself absolutely to someone else. It is particularly sacrosanct to
Catholics on the grounds that having a congregation wedding implies an individual isn't
just making a guarantee to his/her future life partner yet additionally to God. A meeting
with Archbishop Socrates Villegas, the leader of the Catholic Bishop's Conference of the
Philippines uncovered the congregation's assessment on the issue, saying that
separation makes a joke of marriage. In the event that separation is permitted, the
sacredness of marriage will be lost. It will not seem like a particularly significant choice
to some since one can generally "fix" and "re-try". Furthermore, couples will before long
pick the path of least resistance of a circumstance. The most straightforward issues will
have the ability to split relationships up on the grounds that couples would consider
separation to be a choice, rather than working through the issue as a group. Because of
that, an ever increasing number of couples will end in separate and will set an awful
model for their youngsters. People in the future will put less significance on marriage
when they develop and the cycle simply proceed

Your Argument

Divorce has not yet been legalized in the Philippines. However, legal separations and
annulments are permitted here in our country. In a legal separation, the spouses can
live separately but remain married to each other. Legal separation may be given if there
is marital betrayal, homosexuality, repeated physical abuse, an attempt on the other
partner's life, and abandonment for more than a year without a reasonable cause. In
annulments, marriage can be nullified, but couples are not permitted to remarry.
Cancelation can be granted if one of the parties can claim that the marriage was
illegitimate from the beginning on various grounds, such as impotence, homosexuality,
misidentify or psychological incapacity. Much of the grounds are challenging to validate
and need a lot of money to prove to the court. The proposed law on divorce does not
cost too much money and encourages spouses to remarry, with added protection, such
as child care, shelter, and child custody.

Assert Point #1 of Your Claims

1 .Give your opinion

Legalizing divorce will save many people from poor marriages. It can also erase the
value of marriage. The Philippines cannot sacrifice the sanctity of marriage because
most Filipinos are Catholic, and the family plays a significant role in the Filipino
community. On the other hand, individuals in failed marriages can still opt for annulment
or legal separation from their partners. Apart from that, there's still not much justification
for legalizing divorce. People need to be sure about the person they're going to marry to
maintain a happy and stable relationship.

2. Provide support

First and foremost, what exactly is divorce and why do couples do it? Oxford
Dictionaries (2015) defines divorce as “the legal dissolution of marriage by a court or
other competent body”. In this, many factors can be blamed like a lack of commitment
and equality in the relationship, infidelity, marrying too young, and abuse (Utah State
University, 2015). But what it all really boils down to is an unhappy marriage and that is
what divorce should be able to fix, if ever it would be allowed. If a person is stuck in a
sad, or worse, abusive marriage, then he/she should have the right to escape it. Based
on the National Demographic and Health Survey conducted by the National Statistics
Office, one out of five women aged 15-49 has experienced physical violence and 14.4
percent of married women have experienced physical abuse from their husbands.
Statistics have also shown that wife battery ranked highest among cases of violence
against women at 72 percent in 2009, affecting more than 6,000 women (Umil, 2011).
On the other hand, a sad marriage is just as bad as an abusive one. According to the
Philippine’s Solicitor General’s office, there were 9,117 petitions for annulment filed in
2010, 61 percent of which were filed by women. The pros of divorce definitely have
good points, but the Philippine society, with its traditional mindset, is not quite ready for
it

.Assert Point #2 of Your Claims

1. Give your opinion

They should not be used as an outlet for rage, nor should they ever be used to take
revenge against your spouse. Don't go wrong with your ex-husband in front of your
children, even if you're still angry or angry. Try not to use your children as a messenger
or as a go-between, mainly when you're fighting. Children are self-centered. They think
their position in things is much more critical than it is. Because of this, they sometimes
believe like they have caused divorce in some way. Be sure that's not their problem.

2. Provide support

Divorce in the Philippines has been an issue for several years. in fact, the Philippines is
the only country in the world besides the Vatican that does not allow divorce, mostly due
to religion (de Leon, 2014). Little do people know that GABRIELA Women’s Party has
already proposed House Bill No. 1799 or the Divorce Bill. If signed, this bill would allow
individuals to be free of their unhappy and most of the time abusive marriages and also
gives guidelines for settling financial concerns as well as the custody of the children, if
any. But even though people should have the right to leave a bad marriage, divorce
should not be legalized in the Philippines.

IV. Conclusion

As mentioned above, it is safer to legalize divorce because of the continuous violence

that is taking place in households that threatens the protection of children, because the
expensive choice of annulment does not make it available to all people, because the
past of our country has already been divorced, and finally, because we have the right to
choose if a divorce is relevant. Many good points were most likely posed in opposition
to its enactment, but agree that its benefits to the Filipino community would far outweigh
its drawbacks
The re-enactment of this rule is that married couples should be liable and available for
divorce only to a certain degree. For example, if one of the married couples is subject
to drug abuse and refuses to be treated, or has committed adultery. Divorce should not
be as straightforward as the filing of an application. It should still have a reason to break
a marriage, despite my arguments being a less complicated form of separating. It's also
essential for children to realize that they don't divorce their children just because
parents’ divorce each other. Some kids believe that if their parents split, their moms and
dads would want to abandon them, too. Remember them also that your love for them is
unconditional and will not change because of a divorce. Many facets of divorce need to
be addressed, including custody and visitation; financial problems such as child welfare
and child support, taxes, pensions, and insurance; finding a lawyer or mediator;
deciding whether you can divorce
References:

De Leon, S. (2014, October 6). The fight to make divorce legal in the Philippines –CNN.com. Retrieved
April 13,2015, fromhttp://edition.cnn.com/2014/10/06/world/asia/philippines-legal-divorce-
battle/Umil, A. (2011, June 14).

Divorce bill, providing a remedy for women in abusive marriages « Bulatlat. RetrievedApril 13, 2015,
fromhttp://bulatlat.com/main/2011/06/14/divorce-bill-providing-a-remedy-for-women-in-abusive-
marriages/Definition of divorce in English:. (n.d.). Retrieved April 13,
2015,fromhttp://www.oxforddictionaries.com/us/definition/american_english/divorce1 OUT OF 5

WOMEN IS ABUSED – DSWD|Department of Social Welfare and Development. (2012, November26).

Retrieved April 15, 2015, fromhttp://www.dswd.gov.ph/2012/11/1-out-of-5-women-is-abused-
dswd/The Seven Catholic Sacraments | Seasonal Feature | American Catholic. (n.d.). Retrieved April 15,
2015,fromhttp://www.americancatholic.org/features/special/default.aspx?id=29Filipino bishops
restate Church stance against divorce. (2015, March 31). Retrieved April 15,

2015,fromhttp://www.catholicherald.co.uk/news/2015/03/31/bishops-of-philippines-restate-church-
stance-against-divorce/Ursua, Evelyn (February 2013). Why the Philippines needs a Divorce
Law. Retrievedfromhttp://positivelyfilipino.com/magazine/2013/2/why-the-philippines-needs-a-
divorce-lawWallace, Peter (January 2013). Yes to Divorce. Retrieved

fromhttp://opinion.inquirer.net/44525/yes-to-divorcePhilippines Marriage Statistics.http://marriage-

statistics.findthedata.org/d/d/PhilippinesSantos, Ana (June 2011). 9 Reasons to Support the Legalization
of Divorce in the Philippines. Retrievedfromhttp://www.femalenetwork.com/news-features/9-reasons-
to