Divorce Pros And Cons 2zv6i

DIVORCE DIVORCE —— PROS DIVORCE BILL PROVIDES MORE AS A REMEDY The remedy of annulment expires, and the defect may actually be cured by ratification through free and voluntary cohabitation.

But what if the marriage worked in the first ten years, but later the parties drifted apart for some reason or another? What if the other spouse was violent, unfaithful, indolent, or an alcoholic or a drug addict? What if one spouse abandoned the family? These may not be used for “annulment,” or for a marriage to be declared void under Article 36, unless it can be proved that these are manifestations of psychological incapacity that predated the marriage.

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DIVORCE —— CONS THERE IS ALREADY A REMEDY OF ANNULMENT IN OUR FAMILY CODE. The remedy of annulment is based on specified grounds that occurred at the time of the celebration of the marriage, such as lack of parental consent and vitiated consent (as when a person married another at gunpoint). Article 36 declares that a marriage is void from the beginning when one or both spouses are psychologically incapacitated to perform the essential marital obligations. Under Article 36, a court does not terminate a marriage but only declares it void. One must prove psychological incapacity by presenting evidence on three essential elements of the condition: that it already existed before the marriage; that it is grave or serious; and that it is incurable. To do this, one usually needs the help of a psychiatrist or psychologist to testify as an expert witness

A divorce law will provide a remedy that Article 36 does not. Divorce does not concern itself with validity or invalidity of a marriage. It terminates a marriage based on a ground that occurred during the marriage, which makes the marital relationship no longer tenable, regardless of the spouse’s psychological constitution. A divorce law will provide a straightforward remedy to a marital failure. It will benefit Filipinos wherever they are.

• CATHOLIC Church Need Not Worry • There is not one but a plurality of beliefs in Philippine society. The law should only give people a choice, to be exercised according to their own personal beliefs.

• Every day, Filipinos get married, bear children, separate and get into other relationships, regardless of what the law says. The lack of a divorce law for nonMuslim Filipinos complicates further the marital and family problems of many Filipinos. Our government has clearly failed to respond to their needs. If the country wants to move forward, it has to confront the realities of marital and family life of Filipinos in the Philippines and abroad. It has to a divorce law now.

CB: Once divorce is tolerated, no restraint is powerful enough to keep public morality within the bounds marked out or anticipated. Great indeed, is the force of example, and even greater still the might of ion. When are we going to learn from the experience of those countries where divorce is permitted by civil law? For as soon as divorce has become possible, quarrels, jealousies and judicial separations increase. Wherever divorce was introduced, the abuse that followed far exceeded anything the lawmakers foresaw. In fact, many people contrive all kinds of fraudulent devices, such as false accusations of cruelty, violence and adultery, merely to obtain the dissolution of a matrimonial bond of which they have grown weary. As a result of all this such moral havoc followed that an amendment of the law has been regarded as urgently needed.

DIVORCE DIVORCE —— PROS MUSLIMS ENJOY DIVORCE LAW ALREADY. So to say that divorce does not exist in present Philippine law is not accurate. The prohibition against divorce under Philippine law applies only to Filipinos whose marriages are not governed by the Muslim Code. Since Philippine law on marriage applies to all Filipino citizens even though they are residing in a foreign country, the prohibition against divorce for non-Muslim Filipinos is also a concern of Filipino expatriates.

DIVORCE —— CONS NOT ALLOWED IN THE PHILIPPINES Our supreme law, the 1987 Philippine Constitution, provides that it is the policy of our State “to protect and strengthen the family as the basic autonomous social institution and marriage as the foundation of the family” (Section 12 of Article II and Sections 1 and 2 of Article XV). “Our family law is based on the policy that marriage is not a mere contract, but a social institution in which the state is vitally interested. The State can find no stronger anchor than on good, solid and happy families. The break up of families weakens our social and moral fabric and, hence, their preservation is not the concern alone of the family . Thus, our Constitution devotes an entire Article on the Family, recognizing it “as the foundation of the nation”. It decrees marriage as legally “inviolable,” thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be “protected" by the state.” (Asqueta vs. Republic, G.R. No. 180668, May 26, 2009)

DIVORCE