Philippines is the only country in the world, aside from Vatican City, that still has not legalized divorce.
In a country where around 86 million people, or 79 percent of the population, identify as Catholic, marriage law remains highly restrictive. Couples seeking separation are left with only two main options: legal separation or annulment, both of which involve complicated legal processes and do not necessarily guarantee full personal freedom afterward.
Not Without Historical Roots
Interestingly, the Philippines was not always unfamiliar with divorce. Before Spanish colonization in the 16th century, indigenous and Muslim communities had long practiced various forms of divorce.
However, after Spain arrived, the Las Siete Partidas legal system only allowed couples to live separately without formally dissolving the marriage itself.
The situation briefly changed when the United States took control of the Philippines. Absolute divorce was legalized and later expanded further during the Japanese occupation in World War II.
After the Philippines gained independence in 1946, however, the Catholic legacy of the Spanish colonial era regained its influence. In 1949, all divorce laws were abolished through the Civil Code.
The only exception was granted to Muslim citizens through a presidential decree in 1977, and that exception remains in place today.
Three Options That Are Still Not Enough
The 1987 Family Code provides three legal pathways for couples seeking separation.
First, there is legal separation, in which couples may live apart and divide their assets, but the marriage itself remains legally valid and neither party is allowed to remarry.
Second, there is marriage nullification for highly specific conditions such as incestuous marriage or bigamy. Third, annulment may be granted on grounds such as fraud, psychological incapacity, or lack of parental consent for couples between the ages of 18 and 21.
None of these options are easy to pursue. Annulment in particular is extremely expensive, often takes years to complete, and still offers no guarantee of success.
The burden of this system is felt most heavily by women, especially those trapped in abusive relationships. Data shows that 17.5 percent of Filipino women between the ages of 15 and 49 have experienced violence from their partners.
The Church, Politics, and the Long Road Ahead
In May 2024, the House of Representatives of the Philippines passed House Bill 9349 on absolute divorce. However, the process is far from over. The bill is now awaiting deliberation in the Senate, while Ferdinand Marcos Jr., who had previously expressed openness toward legalizing divorce during the 2022 campaign, has yet to make it a legislative priority.
Politicians’ reluctance is not without reason. A 2024 OCTA Research survey found that 57% of respondents were against the legalization of divorce, which is 6% more than the year before.
Even more significantly, around 55% of respondents stated that they would not vote for politicians who support divorce legalization. In other words, the issue has the potential to determine a politician’s entire career.
Amid this pressure, the Catholic Bishops' Conference of the Philippines has shown a more moderate stance than in previous years. In its official statement, the organization acknowledged the limits of the Church’s authority in matters of state.
“The Church is in no position to dictate on the State what is best for Filipino families.”
This tone contrasts sharply with the Church’s aggressive campaign against the reproductive health bill more than a decade ago, which had sparked widespread public backlash.
As a middle-ground solution, several groups have proposed bringing the issue of divorce to a referendum, following the examples of Ireland in 1995 and Malta in 2011. Supporters argue that this approach would be more democratic, as it would place the decision directly in the hands of the public rather than solely among political elites.
