Divorce: An exit from a dystopia
(Third Part)
(Author’s note: This article is a report presented by the author in his Regulative Love, Sex, and Marriage class. It is intended to present a factual account of a situation in the Philippines where no absolute divorce is allowed. This article does not necessarily represent the author’s belief on the issue.)
In the previous article, the gaping hole in the remedies available to spouses in dysfunctional marriages was pointed out along with the calls to institute divorce as one of the remedies under the law.
The Philippine experience, where divorce is not legal
Marriage as a mousetrap for spouses
The Church’s strong opposition to divorce is probably the main reason why the Philippines is the only country in the world, together with the Vatican, where divorce is not legal. Except for Filipinos who are married to foreigners and seek divorce in another country, and for Muslim Filipinos who are governed by different marriage laws, about 95% of Filipinos need to file a nullity of marriage or an annulment to legally terminate their marriage. However, only a small fraction resort to these remedies because, while the outcome is uncertain, costs are high (usually not less than three months of average labor earnings, and sometimes much more) and the legal procedures are long and complex. Completing a matrimonial dissolution case typically takes between six and eighteen months but the procedure can also extend over several years (Lopez, 2006).
Daytec observes that the remedy under Art. 36 of the Family Code is inadequate and procedurally convoluted, and also economically disempowering.
Thus, only the moneyed are able to avail of the remedy. It is certainly unfair for people to be forced by the State to remain in loveless or abusive marriages simply because they are poor.
Aversion to marriage?
A study conducted by the Philippine Statistics Authority between 2010-2019 on the number and percent change of registered marriages shows a downward trend. Although it is not clear whether the trend is indicative of an aversion to marriage, a triangulated study on the trend of unmarried couples who are living together, women who chose to have children without marrying, or consenting adults who engage in casual sex would have shown a clearer picture.
An increasing trend of broken vows and heartaches
Although aversion to marriage among Filipinos has not been clearly established, the Office of the Solicitor General reported a disturbing trend of annulment cases between 2001 to 2014.
The trajectory of the number of annulment cases filed in court is going upwards and the increase can not be considered simply as sporadic. It shows that many Filipinos want to go out of the mousetrap. These couples contracted marriage on their will and volition, but for them to get out of a turbulent marriage, the law places their fate almost entirely in the hands of psychologists or psychiatrists, and lawyers and judges who are by no means experts in psychology or psychiatry or human relations.
Realities in poor families
The picture shown by the OSG is only for those who can afford the expensive remedy of annulment or declaration of nullity. At least, middle class and rich families have the financial wherewithal to legally sort out their marital affairs.
Most Filipinos who wish to end their marriage resort to informal separation. Ideally, couples need to apply for a legal separation that provides them with legal sanction to live separately, but in reality most couples, especially the poor, just live separately without going through this legal procedure. Although most Filipinos still value marriage, the proportion who separate from their spouse, both legally and informally, is increasing. Figure shows that the numbers of annulment and nullity cases filed at the Office of the Solicitor-General (OSG) has increased from 4,520 in 2001 to 11,135 in 2014. Census and survey data also show a similar trend. (to be continued)