MercoPress. South Atlantic News Agency

Divorce in spite of the Catholic Church

Chile, one of the most conservative Latinamerican societies and the only Western country that contemplates no legal marriage dissolution is involved in a fierce dispute over the approval of the first ever divorce law. But supporters of the bill fear that so many amendments have been added that it could make the procedure non effective.

Opponents of the divorce initiative with the Catholic Church hierarchy leading are struggling to include in the bill a compulsory meditation period of five years for the couple and no divorce unless both parties agree to it.

Further more invoking human rights and family values the Church and conservative parties are demanding that couples agree to marriage with a "no divorce" clause.

"Things are getting quiet complicated and some aspects can cause further problems", said Congresswoman Maria Antonieta Saa one of the divorce initiative sponsors.

"But I'm confident that we will finally approve a bill that will give the Chilean people an honest and civilized way to end marriage".

Opinion polls indicate that 70% of Chilean support legalizing divorce but the Catholic hierarchy is appealing to an intense campaign of Congress lobbying, television ads and even spreading rumours of possible excommunication.

"As a society we can't opt for solutions that imply the notion of family destruction", wrote Santiago's Archbishop Francisco Javier Errazuriz.

Since Mr. Pinochet left office in 1990 there have been four attempts to reform the 1880 Civil Code but all failed. However in 1997 the Lower House approved a bill but it took five years to reach the Senate that is still involved in the latest readings.

However, Church legal counsellors admit that the battle is almost lost and the target it to mitigate the impact and introduce clauses such as the civil recognition of religious marriages and the "no divorce" option, which is anathema to the sponsors of the bill.

And when the bill is finally approved courts are preparing for an avalanche of divorce petitions.

"Thousands of couples separated for years are longing to legalize their situation and marry again", says Congresswoman Saa.

The bill should also put an end to other subterfuges common among unhappy Chilean couples. That is civil annulment of marriage alleging that the law was violated since neither of spouses lived in the declared jurisdiction, or having witnesses write the wrong names or addresses, which eventually can help with the appeal.

A recourse which is not unknown to twice married President Ricardo Lagos.