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Divorce is the termination of a marriage by a legal process. In the Philippines, divorce is not legally recognized and is therefore not an option for couples seeking to end their marriage. The only way for a married couple to end their marriage in the Philippines is through annulment or legal separation.
Annulment
Annulment is a legal process that declares a marriage null and void. It is based on the premise that the marriage was never legally valid in the first place, due to certain grounds such as lack of consent, fraud, or psychological incapacity. Annulment is granted by the courts and can only be pursued by one of the spouses.
Legal separation
Legal separation, on the other hand, is a judicial decree that allows a married couple to live separately while still being legally married. It does not dissolve the marriage, but rather allows the couple to live apart and deal with issues such as child custody and support, alimony, and the division of property. Legal separation can be pursued by either spouse and is granted by the courts upon the filing of a petition.
The process of annulment and legal separation
In the Philippines, the grounds for annulment and legal separation are outlined in the Family Code of the Philippines. The process for obtaining annulment or legal separation can be lengthy and expensive and requires the assistance of a lawyer.
Is divorce not allowed in the Philippines?
It is worth noting that the Philippines is the only country in the world that does not allow divorce, due to the influence of the Catholic Church and its teachings on the sanctity of marriage. However, there have been efforts in recent years to legalize divorce in the Philippines, particularly by advocacy groups and lawmakers who argue that it is a necessary option for couples who are unable to resolve their differences and find themselves in unhappy or abusive marriages.
Conclusion:-
Divorce is not legally recognized in the Philippines, and couples seeking to end their marriage must pursue annulment or legal separation. While the process can be difficult and costly, it provides a legal framework for couples to address issues such as child custody, support, and the division of property. There have been efforts to legalize divorce in the Philippines, but it remains a controversial issue due to cultural and religious beliefs.
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