If divorce is something on your mind one of the first questions you may have concerns the expense of the process. It is widely believed that there is no divorce law in the Philippines. Article 1130 of the Civil Code gives courts the discretion to grant divorce to a wife who can prove that the continuation of the marriage would result in her suffering harm. If Ms. Zacharias is anything like me, my prayers go out to her, her family, my wife and children and all those who contemplate this horrific process.
It is also erroneously assumed necessary that a previously married Filipino woman or man, whose spouse is still alive, must get a legal civil annulment in order to marry again. The Laws on Support, Persistent non-support can be found in the Domestic Relations Law of 1973 , the Penal Law of 1976 (Section 16.5) and several Supreme Court Opinions.
A: Yes, wife can divorce; if so delegated in the nikanama (marriage contract form) the said right is called Talak-e-Tafweez (delegated powers of divorce). The battle against bizarre gender defined roles put me working up to four jobs at a time with no time for children or spouse, destroyed me financially, have shattered my home, my heart, and my spirit.
Tunisian law, further limits the so called absolute right of divorce extended to the husband by requiring him to pay compensation if he petitions a divorce without cause. But if wife has no such right and she wants dissolution …