There is no absolute divorce in the Philippines and this unavailability is one of the reasons why there are many spouses who live in one roof but living like roommates without love and affection with each other and always fighting letting the children suffer from emotional distress and trauma. Supposedly, the reason behind why there is no absolute divorce is because marriage is sacred in nature and lawmakers in the Philippines who are mostly Christians do believe in the fidelity and sanctity of marriage. It is even emphasize in the Civil Code and the Family Code of the Philippines that the nature of the contract of marriage is permanent unlike any other commercial contracts that can be subject to stipulation of the parties.
So, if you have marriage issues or problems, here are some advice to help you decide on what to do.
1. If the problems are minor ones and could not be justified for annulment under Philippine law, the best thing that you can do is to preserve your marriage as much as possible to avoid complication and waste of time of money. Seek the advice from marriage counselors and your elder family members on what to do to preserve your marriage.
2. Most Filipino couples have major arguments on money. Couples who have the same kind of experience usually advice that there is no greater solution to money problems but to work hand in hand for it. Meaning, both of you should strive hard to earn for a living, help one another to feed your children and growing family. Even if you did not graduate from college, many successful entrepreneurs did not graduate in college either but worked hard to be successful.
3. If there is physical abuse in the family that could harm or even kill you or the children, then this is the time that you go to court and file a case under RA 9262.
4. If you seek for annulment because of very complicated situations, there are allowable grounds for annulment given by the Family Code and Civil Code. The most popular approved in court is based on psychological incapacity proven from the beginning of the marriage, meaning a spouse is incapable and is not sound enough to handle marriage relationship. Some of the grounds for annulment that has to be proven from the beginning of marriage are marriage below 18 years old, lack of authority from the solemnizing officer, lack of valid marriage license, incestuous marriages, forced marriages, mistaken identity of the partner, unable to consummate the marriage, polygamous marriages and those who contracted marriages without a judgment of nullity from a previous marriage.
5. Unfortunately, infidelity and battery are not grounds for annulment so the least you could do is to file criminal charges against the erring spouse or file for legal separation. Nevertheless, if the spouse still has the chance to reform, then try to consider preserving the marriage for the sake of the children.
Marriage relationships and problems could become very complicated if both of you will not cooperate to preserve it. Philippine laws on marriage are formulated to help you in difficult cases. When this happen, there are remedies under the law that would preserve your life and your children’s safety.