June is the traditional marrying month, with every bride dreaming of a June wedding.
The business of weddings has mushroomed into a profitable venture with ripple effects on the cutflower trading, bridal gown designing, wedding planners, singers, dancers, musicians, and everything else that would make the dream wedding come true.
There are published proposals or engagements posted in the internet that emphasize the significance of the proposal or engagement, many people think only of the romantic side of marriage, and sometimes, the real essence of marriage is set aside or forgotten.
It is important to note that marriage is defined as a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by the Code and the 1987 Constitution.
Parties to a marriage have to be reminded that marriage is not an ordinary contract because it calls for a permanent union between a man and a woman for the establishment of family life.
It calls for full commitment to a lifetime partnership with one’s spouse. The nature, consequences of marriage are fixed by law and cannot be subject to stipulation.
Marriage is terminated by death or declaration of nullity of marriage due to a legal cause. Thus, it is not a mere contract but a social institution which the State is vitally interested.
Thus, is divorce possible under Philippine law? The answer, as of today, is no. The only relief which a spouse may avail of is the declaration of nullity which is quite difficult to obtain, under the present law and jurisprudence.
It can only be granted when there is grave cause, incurable and duly proven.
The criteria is usually the inability to fulfill essential marital obligations, such as to live together under one roof, observe mutual love and respect, fidelity, help and joint support for the Family.
Divorce obtained abroad by a Filipino citizen is not recognized here, but if the alien spouse of a Filipino citizen obtains a divorce abroad, it will capacitate the Filipino spouse to remarry.
There is a pending bill in Congress seeking the introduction of Divorce in the Philippines, and so far, it has encountered several opposition because it is anathema to the 1987 Constitution on the sacredness of marriage.
There are just some marriages that have to be severed because of valid reasons like attempt on the life of the other, and other forms of violence, cruelty, and oppression within the home.
So all those love birds out there, when you decide to get married, it is a lifetime commitment, and a serious decision that will affect the rest of your life.
Happy Wedding Month of June!
