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CEBU, Philippines – For lawyer Fionah Bojos of the Cebu for Human Rights (C4HR), the right to avail divorce should be considered a human right, just like the right to marry.
In her experience as a lawyer, Bojos has handled multiple clients who sought to terminate their marriages, especially those who are in abusive relationships. In most cases, she said, the couples got married as soon as the woman finds out she is pregnant.
“They realize later on that they married the wrong person but they cannot go out unless they file [annulment],” the lawyer told Rappler on Wednesday, June 5.
Bojos questioned why it was easy for couples to get into these abrupt marriages, then realize later it’s hard to leave.
Under existing laws, individuals can petition to nullify a marriage, file for a legal separation, or get an annulment.
Petitioners can file for a declaration of nullity of their marriage in hopes of declaring it void from the beginning and being able to remarry. However, in this instance, the children are deemed illegitimate since the marriage is void, except when the grounds used for the nullity is psychological incapacity or when it’s a void subsequent marriage.
A legal separation ensures that the children remain legitimate but does not allow parents to remarry since it’s only a separation of bed and board.
In annulment, parents can terminate their marriages, remarry, maintain the legitimacy status of their children, and legally live separately from each other.
The downside of it, according to Bojos, is that an annulment can range from P200,000 to P300,000 in Cebu, trapping individuals who cannot afford the financial cost. The prohibitive price, takes a heavy toll and, likely, no way out of marriages that could turn violent.
Traditionally, petitioners would try to prove that their spouses are of unsound mind—a ground for annulment, which would entail getting the services of a psychologist and conducting multiple interviews with relatives.
The lawyer said that with divorce, the concept of “irreconcilable differences” as a legal justification may be introduced, making the process easier and the marriage termination more attainable.
“It just means that you don’t agree eye-to-eye with your partner, especially in crucial things like how to live your life or how to bring up children,” Bojos said.
As a human rights advocate, the lawyer believed that in the same way a person has the right to choose who they love, the person also has a right to let go, especially when staying in a marriage that “can become violent.”
Agency
Carlos Conde, a senior researcher of the Human Rights Watch (HRW) in the Philippines, told Rappler that the option of divorce offers agency for women in abusive relationships.
“They’re not being given the tool to exit from that set-up, especially when things can turn worse and that’s why it’s a violation of a right of a person to have control over their life,” the researcher said.
At present, the Vatican City and the Philippines are the only countries that do not have divorce. Most religious groups like the Commission on the Laity of the Archdiocese of Cebu have pointed out that divorce undermines the sanctity of the vows made during marriage.
“The Catholic Church believes in upholding the well-being and stability of the family unit, considering it essential for the healthy development of children. Children from divorced families may experience emotional, psychological, and social challenges,” the laity’s statement dated May 29 read.
In 2023, the Philippine National Police Women and Children Protection Center (PNP WCPC) reported 17,681 cases of violence against children, with some of these cases allegedly perpetrated by married parents.
Data from the 2022 Philippine National Demographic and Health Survey also showed that around 119 out of 767 women aged 15-19 with husbands/intimate partners experienced physical, emotional, and/or sexual violence.
The number of violence experienced also went up by age. For ages 20 to 24, around 267 out of 1,635 women with husbands/intimate partners. For 30 to 39, approximately 824 out of 4,528.
The human rights researcher said that divorce “democratizes” the termination of marriages and provides an avenue for couples to resolve their differences and protect children.
“Divorce facilitates less friction in dealing with separation that translates with both parties being able to live lives that they see fit…It insulates children from all the bickering and fighting that usually happens when legal separation or annulment won’t cut it,” Conde said. – Rappler.com
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QUOTE: In most cases, she said, the couples got married as soon as the woman finds out she is pregnant. “They realize later on that they married the wrong person but they cannot go out unless they file [annulment],” the lawyer told Rappler on Wednesday, June 5.”
I suggest that this reason “she is pregnant” should be one of the big reasons why the marriage should be considered null and void at the start. It is so mindless to get married just because of pregnancy. This means that at the start the partners are grossly irresponsible and getting bound by marriage is at the beginning not the solution for their irresponsibility. Sabi nga e, “They have their cake and they want to it it too.” Sa salitang matalas, wag mong isisi sa kawalan ng DIVORCE ang iyong ITCHINESS. Susme.