Separate Lives: Divorce Bill

You get the house, I get the tent.

Divorce is a controversial subject in the Philippines, just as the RH Bill is.  There are people who believe in the absolute sanctity of marriage, even if it's blatantly obvious that it's not working.  These people would rather that the spouses remain chained together in a miserable marriage, insisting that things can be worked out by praying to God, seeing a marriage counselor, etc.  Well, I'll grant that it would work on some people, but it's not for everyone.  In my opinion, there's a real need for respite, especially for those who really can't get along despite trying, and would like to live separate lives again.  Enter the Divorce Bill.


Gabriela Women's party-list Reps. Luzviminda Ilagan and Emerenciana De Jesus have re-filed House Bill 1799, known as "An Act Introducing Divorce in the Philippines."  The House Committee on Revision of Laws is set to take another look at the bill.  HB 1799 provides that those who have been separated in fact for five (5) years and those already legally separated for two (2) years may apply for divorce.

One staunch advocate of the RH Bill, Sen. Panfilo Lacson, has however made his stand on divorce known: "I still believe in the sanctity of marriage."  Lacson doesn't think that the Philippines is ready for divorce, saying it will further divide the country and the Catholic church.  He also foresees the possibility of people abusing the divorce law to the extent of legalizing same-sex marriages but did not elaborate on how that will be done.  He stresses that the Philippines already has annulment, there's no need for divorce as it serves the same purpose.

How is this topic relevant to real estate?  In case you didn't know, if you're planning to buy property, you are required to disclose the name of your spouse.  There have been cases where a husband or a wife didn't want to do that, presumably because of marital issues.  Separated people don't want to disclose that they are buying property either because the alienated spouse will have an equal share in the property.  Of course, a prenuptial agreement is preferable nowadays, but for all intents and purposes, especially if you were married without the benefit of such an agreement AND your marriage is irreparable, then the divorce bill is a welcome relief.


Good riddance my love,
Jon