Divorce, Legal Separation, Annulment: What is your stand?

[syrenn]

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mao gani dli mosod kong dli nmo makita inyong self mga mo grow old mo together sis' kay pra nko if magminyo na mo dawat na nmo dan ang bati og ang posible nga bati nga oma abot sa imong bana' kong sa oyab pa mo wla na nmo nakita dapat b4 mo magminyo imo na na daan gandaman kay kahibaw gud ta daan nga everything change n this world' mao nah' din tanan ma goro pwd madala og estorya kong dli madala aw pa obos ka'

[jugs_06]

^^i hope it's that simple..

[syrenn]

i hope kay so far sa akong nakita sa amoa family wla man gud probs din kita sad ko sa oban naa probs pro ang mama gud nla wla gud ni give up mao na until now ntact pa ila family

[Streetcar]

well, here's my take regarding pre-nup. nothing wrong with it. when two persons love each other and are both willing to tie the knot both couples need to meet halfway and see each other eye to eye so meaning to say, both need to lower their higher planes (pride and ego) and change their attitude about things. What works ideally with the older generations does not necessarily apply to the here and now just like we continously upgrade computers and systems, we have to adopt to these changing times. Both couples need to talk about pre-nup agreements, etc. before they decide to get married but its not mandatory. Some couples might like the idea and some may not. But we cannot generalize that its for everyone. It maybe good to have for others and maybe not for some too. So its a case by case basis depende lang sa inyong sabot kung unsa. Naa man sab uban madala sa pakiusap and pre nup not needed. Its good to have but its something you can do without.

[jugs_06]

im for pre-nup.. again, nothing is permanent but when you're married then expect changes.. as much as we want everything to be in proper order, most of the time we find it difficult to maintain such an order and actually, getting out in such a situation is sometimes so hard that married couples stay for the sake of family.. as what @syrenn stated..

im not married.. don't get me wrong..

[Apocalypse]

Divorce para ka usa ra

[Streetcar]

Divorce. I'm sure its easy to say but hard to do for some. and for some, maybe morag inalisan ng tinik sa likod ano kaya? sus ambot ngano nia ko sa divorce thread nadala ko ni Mr. Nars Jugs na maayo kaayo mag advice sa inyo.

[boxingfan529]

i have some american friends who have experienced divorce and their children indeed have suffered a lot.

[hera_82]

DIVORCE: The legal dissolution of a marriage

LEGAL SEPARATION: A judicial decree regulating the rights and responsibilities of a married couple living apart; The cessation of cohabitation of man and wife

ANNULMENT: A formal termination (of a relationship or a judicial proceeding etc); An official or legal cancellation



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Just wanna share this....
(from: http://lady-aie.blogdrive.com/comments?id=37)


The issue on whether or not divorce should be legalized here in the Philippines is not novel. We had several debates anent this issue. And still the three elements of the states (church, government and people) are separated by their different stands and views.

One friend asked me what are the differences of legal separation, annulment and divorce from one another. So I made an effort to enumerate them here.

Art. 45 of the Family Code enumerates the following grounds for annulment. Take note that these grounds must exist at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

Fraud referred to here includes:

(a) Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; c
(b) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
(c) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
(d) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.


On the other hand, Art. 55 of the Family Code provides the grounds for legal separation, viz:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

( Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.


Lastly, pursuant to House Bill 4016, below are the grounds for divorce.

(1) The petitioner has been separated de facto from his or her spouse for at least five years from the filing of the petition and reconciliation is highly improbable;
(2) The petitioner has been legally separated from his or her spouse for at least two years and reconciliation is highly improbable;
(3) When any grounds for legal separation, such as drug addiction, alcoholism or infidelity, has caused the irreparable breakdown of their marriage;
(4) When one or both spouses are psychologically incapable of complying with the essential marital obligations or; and
(5) When spouses suffer from irreconcilable differences that have caused the irreparable breakdown of their marriage.

These grounds are exclusive such that if the ground does not fall under annulment, then the spouses could only be granted legal separation.

The controversial divorce bill raises a lot of objections and reactions from different sector of the society. A perusal of the grounds for divorce reveals that it is much easier to obtain a divorce decree than annulment and legal separation. Mere irreconcilable differences may be a ground for divorce. But then again, what the legislators should look into must be the welfare of the family, particularly the children. While the Constitution protects the family and recognizes it as the basic social institution, it must also take measure to protect every individual member of the family. And that is the reason why annulment and legal separation were put into law. Applying the same reason of law, divorce may be validly passed into law without violating the Constitution.

[nolex]

looy ang mga bata.....