THE divorce bill, which seeks to dissolve a marriage and allow couples to remarry, is dead in the 15th Congress but will be re-filed in the next Congress, one of its authors said on Saturday.

Rep. Luzviminda Ilagan of Gab-riela party-list pointed out that Congress has only nine session days left before it goes on a four-month break to give way to the campaign for the 2013-midterm polls.
“We are realistic enough to know that the bill cannot be tackled in this Congress. If we come up victorious again this coming May elections, we will re-file the measure,” Ilagan said.

The divorce bill has been pending before the House Committee on Revision of Laws since July 27, 2010. Its authors gained confidence after Congress passed the reproductive health bill despite strong opposition from the Catholic Church. The church also opposes the introduction of divorce in the country as it would destroy a family and violates the Holy Sacrament of Matrimony.

The enthusiasm of the authors, however, waned when President Benigno Aquino 3rd announced that divorce was not on Malacañang’s radar. Ilagan, however, appealed to the President to consider supporting the divorce bill in the future to protect battered women and their children from further violence and abuse.

Under present laws, the only remedies for failed marriages are annulment and legal separation.
Annulment, however, has very limited grounds and is expensive, while legal separation does not allow the legally separated couples to remarry.

“Battered women invariably seek separation only after many years of trying to make the marriage work. Separation only becomes imperative for them when they realize that it is necessary for their and their children’s survival,” Ilagan argued.

The grounds for divorce under the House bill are separation de facto from his or her spouse for at least five years at the time of the filing of the petition and reconciliation is highly improbable; legal separation for at least two years at the time of the filing of the petition, when the spouses suffer from irreconcilable differences that have caused the irreparable breakdown of the marriage; and psychological incapacity of a spouse to comply with the essential marital obligations. Ilagan’s bill also provides that once divorce is granted, conjugal property is dissolved and the assets will be equally divided between the spouses.

She said that while divorce under her bill severs bonds of marriage, it need not be a remedy for remarriage.

“It may be the recourse for individuals who want to achieve peace of mind and facilitate their pursuit of full human development,” Ilagan said.