31-5-2023 (MANILA) Stella Sibonga, a mother of three from the Philippines, is determined to end a marriage she never desired. However, divorce remains illegal in the predominantly Catholic country, and obtaining a court annulment can take years.
The Philippines stands as the only country, aside from the Vatican, where divorce is prohibited. Advocates for divorce argue that the ban hinders couples from severing ties, remarrying, and escaping from abusive partners.
Individuals seeking to dissolve their marriages can file for an annulment or a declaration of invalidity, but the government has the right to appeal these decisions.
The legal process is both lengthy and expensive, with cases costing up to US$10,000 or more in a country plagued by poverty. Furthermore, success is not guaranteed, leaving some individuals vulnerable to falling victim to online scams promising quicker results.
“I don’t understand why it has to be this difficult,” expressed Sibonga, who has spent 11 years attempting to dissolve a marriage that her parents forced her into after she became pregnant.
Sibonga’s legal battle began in 2012 when she filed a court application to nullify her marriage on the grounds of her husband’s alleged “psychological incapacity,” which is recognized as one of the reasons for terminating a marriage.
After five years and US$3,500 in legal fees, a judge finally granted her request. However, her relief was short-lived.
In 2019, the Office of the Solicitor General, responsible for safeguarding the institution of marriage as the government’s legal representative, successfully appealed the decision.
Sibonga appealed to the Court of Appeals to reverse the ruling, but she is still awaiting a response.
“Why are we, the ones who have endured suffering, abandonment, and abuse, being punished by the law?” questioned Sibonga, a 45-year-old residing near Manila. “All we want is to be free.”
DYSFUNCTIONAL MARRIAGES
The Catholic Church, which is also opposed to abortion and contraceptives, serves as the most influential opponent to divorce in the Philippines.
Official census data indicates that approximately 78% of the country’s 110 million people are Catholic, and many politicians are cautious about challenging the Church on sensitive social issues.
Nevertheless, Congress has achieved significant victories in recent years.
