According to family lawyer:

SAYING it is timely and needed by many Filipino couples who need to start a new life, a new beginning brought about by their doomed marriages, a family lawyer lauded Senator Robinhood Padilla for his Divorce Bill insisting that it’s about time that the government considers this law to give people a chance to live again.

Padilla said this family lawyer, Atty. Ritchie Avigale Pilares expressed strong support for his bill legalizing divorce, to protect families from marriages that are doomed due to irreconcilable differences.

Pilares said the biggest beneficiaries of Padilla’s bill would be poor couples who are trapped in such a situation but who cannot afford the legal fees for an annulment of their marriage.

“I thank Sen. Padilla because women need such a divorce decree. And those who will benefit from it will be women who are trapped in a marriage mainly because they have no source of income and cannot file for annulment lest they lose their support. It is also very good that men are seeking to protect women with this divorce decree,” Pilares said in an interview over DZRJ.

Pilares said the present law allows the annulment of a marriage on the ground of psychological incapacity — but the parties involved must shoulder legal fees as well as face the possibility of their “dark” sides being made public.

She added divorce would favor housewives who are victims of abuse and have no sources of income because if they are granted a divorce, they would still be acknowledged as a spouse and thus be entitled to support – unlike in an annulment where the doomed marriage is deemed nonexistent in the first place, and the housewife is thus not entitled to any support.

“So divorce should really favor those who have less in life but are forced to leave their marriage yet still need support,” Pilares said in an interview on DZRJ

“Ang daling sabihin i-work-out ninyo ang marriage ninyo o baka di lang ninyo ginagawa ang best nyo. Minsan kailangan isipin tayo di natin kailangan pero paano ang ibang kababaihang naghihirap in a marriage? Kasi kailangan nating proteksyunan ang family and marriage.” she added.

Reportedly, Rep. Edcel Lagman — who also filed a similar divorce bill in the House of Representatives – said he is willing to meet with Padilla to ensure their measure passes both houses of Congress.

Padilla stressed that his Divorce Bill is meant to protect, not destroy the family.

Padilla said that while he favors marriages to last forever, the sad reality is that there are marriages that are doomed because of irreconcilable differences.

“My bill never meant to destroy marriages. We would never object to marriages that last forever. In fact, my bill aims to protect the marriage – including the woman, the man, and their children,” Padilla said.

Padilla noted the Philippines is the currently the only state in the world aside from Vatican City that does not recognize divorce – yet, a 2017 Social Weather Stations survey showed 53% of Filipinos favor divorce for couples with irreconcilable differences.

He added that while the Philippines allows annulment, this is a very costly process.

“Paano kung walang pera (What if the couple does not have money)?” he asked.

Also, Padilla stressed the need to protect women who after separating from their husbands find a new partner – as they are subjected to unfair rumors while the children they will have with their new partners are considered “bastards.” “Unfair eh,” he said.

Under Padilla’s bill, a petition may be filed for divorce if:

* The husband or wife cannot fulfill his/her obligation in the marriage;

* Both parties in the marriage have irreconcilable differences;

* The marriage was annulled abroad;

* The husband or wife is presumed dead in accordance with Articles 390 and 391 of the Civil Code of the Philippines;

* A party is convicted of violating the “Anti-Violence Against Women and Their Children Act”;

* There is an attempt on the life of the child of the couple or of the petitioner;

* Having children outside the marriage except if both agree to have a child through IVF or similar procedure; or if the woman bears a child after being raped;

* There are grounds for annulling the marriage based on the Family Code of the Philippines;

* Repeated abuses against the petitioner or his/her child;

* Both parties have been living separately for two years at the time the petition was filed; and

* The couple legally separated through a judicial decree under Article 55 of the Family Code of the Philippines

The bill also provides for a “mandatory cooling-off period” after the petition is filed.

Meanwhile, the petition for divorce may be dismissed if the two parties submit a verified joint motion; or if the court finds evidence of collusion between them.