Topic: Divorce

Country: Philippines

Marriage, as defined in the Chapter 1, Article 1 of the Family Code of the Philippines, is
a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the
family and an inviolable social institution whose nature, consequences, and incidents are
governed by law and not subject to stipulation, except that marriage settlements may fix the
property relations during the marriage within the limits provided by this Code. Here, the words
"permanent union" and "inviolable" was given emphasis as they serve as grounds why divorce
is not allowed in the Philippines.

Divorce, by legal definition as explained by US Legal, is the legal termination of a

marriage by a court in a legal proceeding, requiring a petition or complaint for divorce (or
dissolution in some states) by one party. As marriage.com says, the ten most common reasons
why couples resort to divorced are: infidelity, money, lack of communication, constant arguing,
weight gain, unrealistic expectations, lack of intimacy, lack of equality, not being prepared for
marriage and abuse. On the other hand, experts at essence.com points out that the most
overlooked reasons why marriages fail are: lack of investment, unforgiveness, not showing up
for your spouse, forgetting the friendship, unspoken expectations, lack of flexibility, familial or
social pressure, and last but not the least, lack of self-knowledge. Whatever reason it may be, it
is useless when it comes to Philippine Law.

In the Philippines, married couple cannot divorce by law, says HG.org. Regardless of
where they live, this law follows them throughout the entire world. Article 15 of the New Civil
Code states that laws pertaining to familial rights and responsibilities, or to the standing, form
and legal capability of persons, are compulsory upon inhabitants of the Philippines even though
residing overseas. Therefore, Filipinos are still under the rule of their land even if they are in
another location.

Aside from the Philippines, Vatican City, an independent state headed by the Pope, is
the only country in the world without divorce but allows the annulment of marriages. This could
be explained by the religion dominating on both countries— the Roman Catholic.

According to For Your Marriage, the Roman Catholic Church believes that God, the
author of marriage, established it as a permanent union. When two people marry, they form an
unbreakable bond. Jesus himself taught that marriage is permanent (Matthew 19:3-6), and St.
Paul reinforced this teaching (see 1 Cor 7:10-11 and Eph 5:31-32). As stated by the Cathechism
of the Catholic Church, between the baptized, "a ratified and consummated marriage cannot be
dissolved by any human power or for any reason other than death."

Although the basis why divorce is prohibited in the Philippines is the definition of the
marriage by the Constitution itself in accordance with the separation of church and state, this
still goes down to this view of religion since the Philippine Constitution was based on the Canon
Law.
 In addition to the opposition, according to Catechism of the Catholic Church, in the view of
the natural law, divorce is a grave offense against it. It claims to break the contract, to which the
spouses freely consented, to live with each other till death. Divorce does injury to the covenant
of salvation, of which sacramental marriage is the sign. Contracting a new union, even if it is
recognized by civil law, adds to the gravity of the rupture: the remarried spouse is then in a
situation of public and permanent adultery: If a husband, separated from his wife, approaches
another woman, he is an adulterer because he makes that woman commit adultery, and the
woman who lives with him is an adulteress, because she has drawn another's husband to
herself.

Divorce is also considered immoral by the Church because it introduces disorder into the
family and into society. This disorder brings grave harm to the deserted spouse, to children
traumatized by the separation of their parents and often torn between them, and because of its
contagious effect which makes it truly a plague on society.

As a resolution, the Catholic Church’s response has been to get proactive about better
preparing engaged couples before they marry— more of a "prevention is better than cure"
solution. They are taking measures such as lengthening preparation periods and examining couples
closely, looking for trouble spots which could indicate that they may not be ready for the
vocation of marriage just yet. The church advocate to stop the problem before it could even
exist. If the root cause of the problem could be eliminated, then there won't be a need for
divorce.

Marriage is no joke. It is sacred and a big responsibility that needs life-long commitment. That's
why you should not jump into marriage immediately. Getting tied to each other forever does not
guarantee that your relationship will have no pitfalls. Rushing to unplanned marriage often
results to regrets in later life that can weaken the foundation of your relationship.

Permanency, exclusivity, and faithfulness are essential to marriage. Without these, the two
equal purposes of marriage will not foster and be protected. These two purposes are growth in
mutual love between the spouses (unitive) and the generation and education of children
(procreative). So, if you truly love the person, you will accept him/her whole heatedly. You be true to
him/her no matter what. You will love him/her all the days of your life. You will be with him/her
through thick and thin. You will not give up easily on challenging circumstances and will give
your best for love to always prevail. As marriage vows says, "for better, for worse, for richer, for
poorer, in sickness and health, until death do us part."

As far as Virtue Ethics is concerned, if you have the right reason, why would you do things that
will damage your marriage, family and yourself? Instead of allowing the "marry-now-divorce-
later-if-things-got-worse" set-up, why not just ask one's self before saying "I do" the question,
"Why marry now, if you'll get divorced, too later on?" In this world full of giving up and chaos,
why not provide a spark of little hope?
SOURCES:

https://definitions.uslegal.com/d/divorce/

https://www.google.com/url?sa=t&source=web&rct=j&url=https://unstats.un.org/unsd/vitalstatkb/Attachment669.aspx
%3FAttachmentType
%3D1&ved=2ahUKEwjQ7v7AspnmAhXuG6YKHRZQAnQQFjABegQIDBAH&usg=AOvVaw1lKio3EQ-
eVoEuBEu5UoqJ

http://www.vatican.va/archive/ENG0015/_P87.HTM

https://www.franciscanmedia.org/seven-things-catholics-should-know-about-divorce/