Sie sind auf Seite 1von 14

THE ADVANTAGES AND DISADVANTAGES OF DIVORCE ARBITRATION

Advantages of divorce law arbitration include: Ability of participants to decide who will be their judge. Parties can select an arbitrator with particular expertise, such as business valuation, retirement plans, tax, nonmarital tracing issues, mental health, etc. More privacy. Quicker trial dates and pre-arbitration conferences, which also may result in less expense and tension. Swiftness of decision making. Less formal. The arbitrator has all the time you need to put on your case. Disadvantages voiced by some include: Perception that there cannot be binding child custody decision. (Maybe but not necessarily true; usually are subject to trial de novo if the court concludes the award is contrary to a childs best interest.) Beliefs that parties are not protected by rules permitting discovery and required financial disclosure. Under the Uniform Arbitration Act mechanisms for disclosure are provided and in the arbitration agreements parties may have the arbitrator supervise the discovery, or the parties may complete discovery and then arbitrate. Fears that the arbitrator will be able to ignore the law. While an arbitrators mistake of law does not generally provide a basis for refusing to confirm an award, the parties can agree that the arbitrator will be bound by the substantive law of the state. Inability of the arbitrator to enforce an award. Awards are tendered to the court and after confirming the award, all remedies for enforcement are available in court as with any other judgment. The parties must pay for the arbitrators time.

The Best Way to Stop Divorce Stop a divorce as much as possible. Thats one rule that most married couples abide by for the sake of their children and the immediate family members who can get affected by the separation. The worst scenario could lead to the problems of broken homes and demoralizing children in the family. So it is only necessary for married couples to avoid getting divorced. If the relationship can still be worked out, why not work it out? Isnt it best to try and make things work? To stop fighting is one of the best things to do to stop divorce. Simple disagreements lead to serious disputes without respect and consideration. Consider the important fact that everybody commits mistakes at least once in a while. So to make things better, considering the spouses opinions or conditions would only be a good step forward. Respect is also very necessary that without which, proper communication wouldnt be possible at all.

For women, threatening and nagging the husband isnt at all respectful. Divorce is neither a good bribe nor a good trade. It isnt a good motivation as well. Women should learn how to control themselves and should avoid yelling or running away. Sometimes, menstrual period is reasoned for this behavior; however, such occurrence can be avoided by simply having an open mind. Whether in a menstrual cycle or not, one has the power to control by simply having the will power to embrace amity. If loves the issue, the best way to stop divorce is to establish a good and honest communication in the relationship. When it comes to love affair, consultation could help ease the doubts or misunderstanding. Confrontation as well makes it easier to determine if the spouse concerned is being honest or not. If something is totally wrong, do not pretend. Honesty with ones feelings is only important otherwise, it would only create a series of lies thereby. Being calm also helps ease the tension so try to be calm. To stop divorce, one must do away with the nonsense fighting. Fighting with each other is not good especially in front of the children. Always consider the sake of the children. To stop divorce is the same way as stopping the almost impossible. However, in due time, it could be the best choice. It could lead to a happy family and best of all; the moral fiber of the children still stays with the family. Its truly difficult to stop divorce but with the truest desire of keeping the family whole and happy everything is possible. A lot of people would have resorted immediately to divorce without amicable settlement first. The result is that the relationship ends, the family broken and the childrens pain are never mended. The best way to stop divorce is to stop being hasty and thinking that the good relationship isnt recoverable. Imminently, problems are never truly solved with divorce. It just starts more problems as another course of action is taken. To stop divorce is to stop it all!

What is divorce? Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties (unlike annulment which declares the marriage null and void). Divorce laws vary considerably around the world but in most countries it requires the sanction of a court or other authority in a legal process. The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt. Where monogamy is law, divorce allows each former partner to marry another; where polygyny is legal but polyandry is not, divorce allows the woman to marry another. Between 1971 and 2011, five European countries legalised divorce: Italy, Spain, Portugal, Ireland[1] and Malta. This leaves two countries in the worldthe Philippines and Vatican City that do not have a civil procedure for divorce. "Divorcing one's parents" is a term sometimes used to refer to emancipation of minors.

The Effects of Divorce on Children


By: IC

The effects of divorce on children could be massive, but this could be helped. The most common causes for divorce are family problems, physical or emotional abuse, extramarital affairs, work stress and vices. Below are types of divorces you might want to familiarize with: Legal divorce is the lawful end of your marriage where you are allowed to remarry. Economic divorce involves the splitting of assets i.e.: money and property. Co-parental divorce is a type of divorce where both parents agree to support their child even though they no longer have spousal support for each other. Common effects of divorce on children are psychological problems, poor intellectual development and affected parent-child relationships. Psychological Effects: The psychological effects of divorce on children can affect children as young as 6 years of age. Young children can develop anxiety disorders where they experience overwhelming fear of being abandoned. Their feelings of isolation and sadness can also manifest through other problems such as eating disorders. Poor Intellectual Development: Children of divorced parents usually display insecurity, neediness, irritability and a constant craving for attention. These types of behavior consequently lead to aggressiveness towards peers, resulting in poor relationships with others. A child's cognitive skills can also become poor. His or her overall academic performance suffers, thus leading to low self-worth and depression later in life. Affected Parent-Child Relationships: Oftentimes children will blame themselves for what happened between their parents. They also start to question their moral values and become either rebellious or overly obedient at any point in time. The effects of divorce on children and teens could be negative or positive depending on the child's coping strategies. Teens often engage in extravagant, promiscuous activities and form no concept of an ideal parent. They themselves are distressed about their future career, marriage and kids. But some do take this as a learning experience and attempt to make better decisions in the future. Here are common concerns experienced by children of divorced parents: Financial worries Children are especially worried about their future career and finances if they feel

that their parents divorced because of money problems. Marital concerns Children usually view failed relationships as somehow having an association with their parents' failed relationship. Because of this, they tend to question marriage a lot in fear of mirroring their parents' divorce. Role or status anxiety Children can also try to play the role of either parent in attempts to "mend" their parents' problems. This is considered to be unhealthy especially in adolescents. How to Relieve the Negative Effects of Divorce on Children: Allow your child to speak openly to friends, family members or counselors regarding the divorce in the family. Most children react towards divorce by spending more time outside their home. This can have a good effect, but it can also put them in a vulnerable position where less discipline can lead to drug or alcohol abuse. You should therefore still draw some boundaries and continue building a relationship with your child.

The effects of divorce on children could be massive, but this could be helped. The most common causes for divorce are family problems, physical or emotional abuse, extramarital affairs, work stress and vices.

Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City ELEVENTH CONGRESS First Regular Session HOUSE BILL NO. 6993

By Representative Manuel C. Ortega

AN ACT LEGALIZING DIVORCE, AMENDING FOR THE PURPOSE TITLE II AND ARTICLES 55 TO 67 THEREUNDER OF EXECUTIVE ORDER NO. 209, AS AMENDED BY EXECUTIVE ORDER NO. 227, OTHERWISE KNOWN AS THE FAMILY CODE OF THE PHILIPPINES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION. 1. Title II of Executive Order No. 209, as amended by Executive Order No. 227, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows: "TITLE II [LEGAL SEPARATION] DIVORCE." SEC. 2. Articles 55 to 67 of the same Code are hereby amended to read as follows: "Art. 55. A petition for [legal separation] DIVORCE may be filed on any of the following grounds: (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; (8) 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. For purposes of this Article, the term "child" shall include a child by nature or adoption. IN ADDITION, A PETITION FOR DIVORCE MAY BE FILED UPON A SHOWING THAT THERE IS AN IRREMEDIABLE BREAKDOWN OF THE MARRIAGE RELATIONSHIP DUE TO IRRECONCILABLE MARITAL DIFFERENCES. SAID PETITION MUST SPECIFICALLY ALLEGE THE GROUNDS WHICH DESTROY THE LEGITIMATE ENDS OF THE MARRIAGE RELATIONSHIP AND PREVENT ANY REASONABLE EXPECTATIONS OF RECONCILIATION." "Art. 56. The petition for [legal separation] DIVORCE shall be denied on any of the following grounds: (1) Where the [aggrieved party] PETITIONER has condoned the offense or act complained of; (2) Where the [aggrieved party] PETITIONER has consented to the commission of the offense or act complained of; (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for [legal separation] DIVORCE; (4) Where both parties have given ground for [legal separation] DIVORCE;

(5) Where there is collusion between the parties to obtain the decree of [legal separation] DIVORCE; [or] (6) Where the action is barred by prescription[.]; (7) WHERE THE IRRECONCILABLE MARITAL DIFFERENCES ARE NOT SUFFICIENT TO JUSTIFY DIVORCE; OR (8) WHERE THE PETITIONER HAS NOT RESIDED WITHIN THE PHILIPPINES FOR AT LEAST ONE YEAR PRIOR TO THE FILING OF THE PETITION, UNLESS THE CAUSE UPON WHICH THE PETITION IS BASED OCCURRED WITHIN THE TERRITORY OF THE PHILIPPINES." "Art. 57. An action for [legal separation] DIVORCE shall be filed within ONE YEAR FROM THE TIME THE PETITIONER BECOMES COGNIZANT OF THE CAUSE AND WITHIN five years from the time of the occurrence of the cause. IN THE CASE OF GROUNDS OR CAUSES FOR DIVORCE WHICH OCCURRED PRIOR TO THE EFFECTIVITY OF THIS ACT, THE ACTION MAY BE FILED WITHIN ONE YEAR FROM THE DATE OF ITS EFFECTIVITY: PROVIDED THAT SAID GROUNDS OR CAUSES OCCURRED WITHIN FIVE YEARS FROM THE FILING OF THE ACTION. PETITIONS FOR LEGAL SEPARATION FILED BEFORE THE EFFECTIVITY OF THIS ACT MAY BE AMENDED TO ACTIONS FOR DIVORCE: PROVIDED THAT SAID AMENDMENTS ARE MADE WITHIN ONE YEAR FROM THE DATE OF ITS EFFECTIVITY." "Art. 58. An action for [legal separation] DIVORCE shall in no case be tried before six months have elapsed since the filing of the petition." "Art. 59. No [legal separation] DIVORCE may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable." "Art. 60. No decree of [legal separation] DIVORCE shall be based upon a stipulation of facts or a confession of judgment. In any case, the court shall order the prosecuting attorney or fiscal assigned to it to take steps to prevent collusion between the parties and to take care that the evidence is not fabricated or suppressed." "Art. 61. After the filing of the petition for [legal separation] DIVORCE,

the spouses shall be entitled to live separately from each other. The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian under the Rules of Court." "Art. 62. During the pendency of the action for [legal separation] DIVORCE, the provisions of Article 49 shall likewise apply to the support of the spouses and the custody and support of the common children." "Art. 63. The decree of [legal separation] DIVORCE shall have the following effects: (1) THE MARRIAGE BONDS SHALL BE DISSOLVED ONE YEAR AFTER THE DATE ON WHICH THE DECREE BECOMES FINAL. The DIVORCED spouses shall be entitled to live separately from each other AND TO REMARRY THEREAFTER [, but the marriage bonds shall not be severed]; (2) The absolute community or the conjugal partnership shall be dissolved and liquidated [but the offending spouse]. IF THE DECREE OF DIVORCE IS GRANTED PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 55, THE NET PROFITS OF THE ABSOLUTE COMMUNITY OR CONJUGAL PARTNERSHIP SHALL BE DIVIDED EQUALLY BETWEEN OR IN A MANNER AGREED UPON BY THE PARTIES. IN THE EVENT THAT THERE IS AN ADJUDGED OFFENDING SPOUSE, SAID SPOUSE shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be forfeited in accordance with the provisions of Article 43 (2); (3) The custody of the minor children shall be awarded to the innocent spouse, OR, IN THE CASE OF A DECREE OBTAINED PURSUANT TO THE PROVISIONS OF THE THIRD PARAGRAPH OF ARTICLE 55, TO THE SPOUSE ADJUDGED TO BE MORE CAPABLE IN ENSURING THIER MORAL, MENTAL AND PHYSICAL WELL-BEING, subject to the provisions of Article 213 of this Code; [and] (4) The [offending spouse] DIVORCED SPOUSES shall be disqualified from inheriting from [the innocent spouse] EACH OTHER by intestate succession. Moreover, provisions in favor of the offending

spouse mad in the will of the innocent spouse shall be revoked by operation of law[.]; (5) CHILDREN OF DIVORCED PARENTS SHALL BE ENTITLED TO SUPPORT AS PROVIDED FOR UNDER THIS CODE. IN ADDITION, THESE CHILDREN SHALL BE DELIVERED THEIR RESPECTIVE LEGITIME ONE YEAR AFTER THE DECREE OF DIVORCE BECOMES FINAL, OTHERWISE, THE DECREE SHALL NOT HAVE ANY LEGAL EFFECT WITH RESPECT TO THE SPOUSE WHO DEFAULTS ON SUCH OBLIGATION. CHILDREN OF DIVORCED SPOUSES SHALL LIKEWISE RETAIN ALL RIGHTS OF SUCCESSION WITH RESPECT TO THEIR PARENTS BUT SHALL BRING TO COLLATION THE LEGITIME PREVIOUSLY RECEIVED UNDER THIS PROVISION WITHOUT ANY OBLIGATION TO RETURN ANY AMOUNT SUBSEQUENTLY DETERMINED TO BE IN EXCESS OF THE VALUE THEY ARE ENTITLED TO RECEIVE. "Art. 64. After the finality of the decree of [legal separation] DIVORCE, the innocent spouse OR BOTH SPOUSES IN CASE OF DECREES PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 55, may revoke the donations made by him or her in favor of the [offending] OTHER spouse, as well as the designation of the latter as beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. The revocation of the donations shall be recorded in the registries of property in the places where the properties are located. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the [insured] INSURER. The action to revoke the donation under this Article must be brought within five years from the time the decree of [legal separation] DIVORCE has become final." "Art. 65. If the spouses should reconcile, a corresponding joint manifestation under oath duly signed by them shall be filed with the court in the same proceeding for [legal separation] DIVORCE." "Art. 66. The reconciliation referred to in the preceding Article shall have the following consequences:

(1) The [legal separation] DIVORCE proceedings, if still pending, shall thereby be terminated at whatever stage; and (2) The final decree of [legal separation] DIVORCE shall be set aside, but the separation of property and any forfeiture of the share of the guilty spouse already affected shall subsist, unless the spouses agree to revive their former property regime. The court's order containing the foregoing shall be recorded in the proper civil registries." "Art. 67. The agreement to revive the former property regime referred to in the preceeding Article shall be executed under oath and shall specify: (1) The properties to be contributed anew to the restored regime; (2) Those to be returned as separated properties of each spouse; and (3) The names of all their known creditors, their addresses and the amounts owing to each. The agreement of revival and the motion for its approval shall be filed with the court in the same proceeding for [legal separation] DIVORCE, with copies of both furnished to the creditors named therein. After due hearing, the court shall, in its order, take measures to protect the interest of creditors and such order shall be recorded in the proper registries of properties. The recording of the order in the registries of property shall not prejudice any creditor not listed or not notified, unless the debtor-spouse has sufficient separate properties to satisfy the creditor's claim." SEC. 3. Separability Clause. - If any part or provision of this Act is declared invalid, the remainder or any provision thereof not affected shall remain in force and effect. SEC. 4. Repealing Clause. - The provisions of any law, executive order, presidential decree or other issuances inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,

Republic of the Philippines HOUSE OF REPRESENTATIVES Quezon City First Regular Session ELEVENTH CONGRESS HOUSE BILL NO. 6993

Introduced by Representative Manuel C. Ortega

EXPLANATORY NOTE This bill seeks to amend Executive Order No. 209, otherwise known as the Family Code of the Philippines, as amended by Executive Order No. 227, by allowing absolute divorce (a vinculo matrimonii) and thereby granting legally separated spouses the right to remarry. Today not all marriages succeed as a permanent union. An increasing number of married individuals find themselves subjected by their marriage partners to physical violence, grossly abusive conduct and other acts of or offenses that -- rather than promote blissful, harmonious conjugal and family life -- impair, debase or destroy the legitimate ends of the marriage relationship. This bill thus seeks to give spouses whi are shacked by an irretrievably broken marriage the freedom to remarry and possibly succeed in attaining a stable and fulfilling family life. Divorce is not a novel legal right granted by Philippine civil laws: the Family Code of the Philippines sanctions relative divorce (a mensa et thoro). Under the

provision of Title II of said Code, legal separation, or separation from bed and board, is a recognized remedy for victims of failed marriages. To be sure, our civil laws have always recognized the need to allow married individuals to sever conjugal ties under certain justifiable conditions. Neither is divorce an institution exclusive to contemporary times. Historical records indicate that long before the advent of Spanish colonial rule beginning in the early 16th century, absolute divorce had been widely practiced among our ancestral tribes -- the Tagbanwas of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and Moslems of Visayas and Mindanao islands, to name a few. During the Spanish regime, the law on divorce was the Siete Partidas which allowed only legal separation. The Spanish Civil Code on the subject were among those suspended by Governor General Weyler in 1889, and was never enforced since. In 1917 Act 2710 was passed by the Philippine Legislature repealing the Siete Partidas by allowing divorce on the grounds of adultery on the part of the wife and concubinage on the part of the husband. During the Japanese Occupation, a new law on absolute divorce, E.O. No. 141, was promulgated providing for ten grounds for divorce. The law lasted until 1944 when Gen. Douglas MacArthur re-established the Commonwealth Government by proclamation which in effect repealed E.O. No. 141 and revived Act 2710. In 1950, Act 2710 was repealed by the Civil Code of the Philippines which allows only legal separation. The draft of the Code, however, had provisions on absolute divorce which was subsequently eliminated and substituted with legal separation. The present Family Code of the Philippines also does not allow divorce (except a divorce obtained by the alien spouse of a Filipino citizen abroad), but it has expaded the grounds for legal separation to ten. Indeed, quoting a respected Filipino historical writer, "the law has come full circle". While the Family Code of the Philippines allows relative divorce, it prohibits lawfully separated spouses from exercising the right to remarry. Under our present laws, legal separation does not dissolve the marriage bond between legally separated spouses; said parties are considered married individuals for all legal intents and purposes. Our civil laws on marriage justify and allow the separation of married individuals but does not confer them the legal right or remedy to extricate themselves from the ordeal of a broken marriage. In the light of the foregoing, it is proposed that our present laws on marriage be amended to allow absolute divorce or dissolution of marriage. Based on the

increasing number of failed marriages which confines many of our citizens to a perpetual state of marital limbo, it has become morally and socially acceptable for many Filipinos to grant spouses of broken marriages the legal right to remarry. The present grounds for legal separation which are recognized in our society as justifiable bases for relative divorce should be re-enacted as lawful grounds for absolute divorce. In addition, it is recommended that "irreconcilable marital differences" be included in our present civil laws as a justifiable cause for absolute divorce because not all circumstances and situations that vitiate the institution of marriage could be specifically categorized and defined by our lawmakers. Spouses living in a state of irreparable marital conflict or discord should be given the opportunity to present their marital contrarieties before the courts and have such differences adjudged as substantial grounds to dissolve or sever the legal bond of marriage. Approval of this Bill is earnestly sought.