The Malta Independent 2 May 2025, Friday
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Divorce In Malta

Malta Independent Sunday, 19 February 2006, 00:00 Last update: about 12 years ago

There are thousands of people suffering in Malta because divorce is not allowed said Dr Emmy Bezzina, adding that the issue of divorce does not merit any discussion.

Dr Bezzina was speaking at a press conference called by the Men’s Rights Association (Mensra) yesterday.

Dr Bezzina said that although the marriage pact is sacred, the State has no right to withhold the liberty of a couple who no longer want to remain married.

It is unacceptable that the Church has the final say in the Law Courts; there should be a clear dividing line between the State and the Church.

However, the Maltese Church is privileged and has the last word, thus undermining the authority of the Law Courts he said.

He added that the two political parties refuse to discuss the issue openly although there are thousands of Maltese couples with marital problems.

“The government created different structures such as mediation which hide the extent of the problem.” This situation is a great injustice to Maltese citizens who want their independence.

Maltese law on divorce discriminates against Maltese spouses who cannot get a divorce because both partners are Maltese citizens.

“However, Maltese people who are married to foreigners can obtain a divorce according to the laws of other countries,” he said.

Divorce is the cure for a broken marriage, said Dr Bezzina. “People stuck in loveless marriages are left to live false lives or co-habit with their new partners without having the option of remarrying.”

He also suggested increasing the minimum age to get married from 16 to 25. “It is important for the couple to be mature and get to know each other,” he said.

John Zammit, member of Mensra asked the European Commission if it could “insist that in Malta we will have a divorce law like all the other members States of the European Union”.

Part of the reply was as follows:

“Under EU law the European Union cannot oblige a Member State to adopt laws on divorce such as in the case of Malta. There has been a hot debate in Ireland with regard to this issue. The introduction of divorce in Malta might happen over time due to internal political pressure. The European Commission is considering to what extent there should be harmonisation between the divorce laws of all Member States given their differing legal systems, practice and procedure.”

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