Philippines: the fight for divorce

Filipinos fight for divorce laws - 3rd July 2023

Supporters of social change in the Philippines are fighting for the right to divorce.

Mother of three, Stella Sibonga, has been officially separated from her husband for years. Despite both wanting a divorce, the Philippines government doesn't recognise the end of their marriage.

Sibonga is one of many Filipinos denied the right to divorce and her country and Vatican City are now the only remaining countries to forbid the practice.

Currently, unhappily married couples can apply for legal separation, but this is a challenging process to overcome. First, couples may only receive legal separation in cases of abuse, unfaithfulness or a prison sentence for one partner of at least six years. After separation, neither person can legally remarry or have sexual relations with anyone else.

Sibonga, now in a permanent relationship, isn't permitted to remarry. She said, "When I finally found someone who loves me and completely accepts me with all my failures, we still can't marry. We will still be considered illicit lovers."

The 78 percent Catholic country has a long history with divorce since the practice was strictly banned, except in very rare cases, as a Spanish colony. When the United States took control after the Spanish-American war, total divorce was permitted if one partner had had an affair. Since independence in 1946, there have been few changes to marriage laws, apart from in the Muslim community.

Before he was elected in 2022, President Ferdinand Marcos said the country should consider allowing divorce, although he wanted it to remain difficult.

Currently, the government's considering a number of options. Senator Risa Hontiveros has presented a new law which would grant divorce to married couples where both partners are completely miserable.

Sibonga complained, "Why are we, the ones who experienced suffering, abandonment and abuse, being punished by the law? All we want is to be free."