The tit-for-tat between the Department of Information and Alternattiva Demokratika on the issue of divorce has once again brought this hot topic up for public debate.
Last week, AD criticised the government for what it described as “its (the government’s) obstruction of EU plans to harmonise EU laws”, saying that the Commission proposal is aimed at alleviating the misery caused by the differences in divorce laws across the EU”.
The government, through the DOI, was quick to reply, saying that AD’s remarks were based on a faulty premise and that AD had failed to make a distinction between the harmonisation of domestic legislation on divorce, and the harmonisation of “conflict of rule” laws on divorce.
This has once again sparked a debate in the media on the subject of divorce, and AD also held a press conference on the subject earlier this week, but the questions that have been raised do not necessarily refer to the DOI-AD press statements. Rather, opinion makers have written about the subject per se – that is, whether Malta should remain one of the very few countries where divorce is not legal.
It is a fact that the number of marriages that are breaking down in Malta is on the rise. Many couples are getting separated, which means that they get out of their marriage but are not allowed to form another family with another partner, while others are having their marriage annulled, in which case it is as if their first marriage never existed and in most cases they can therefore marry again.
On the other hand, the fact that no divorce law exists in Malta is pushing many young couples to cohabit, rather than be married by civil ceremony and/or in the Church. This makes it much easier for them to go their own ways if the relationship turns sour.
The issue of divorce is, of course, a political matter. And, generally speaking, over the years political parties have refrained from discussing the matter except to say that the introduction of divorce is not on their agenda. Politicians, even on an individual basis, stop short of discussing the matter publicly, although some of them privately admit that they would be in favour of having divorce introduced in Malta.
The reason for this is the general perception that the majority of people are still against divorce. Collectively speaking, political parties think they would lose votes if they speak in favour of divorce, while at an individual level, politicians are afraid of falling out of favour with the electorate if they support divorce.
Only Alternattiva Demokratika – as a party and as individuals – have publicly stated that the party is in favour of divorce. AD’s position is, however, different to that of the two major parties because, in Alternattiva’s case, they would stand to gain the votes of those people who are in favour of divorce.
The introduction of divorce in Malta is therefore far away from being implemented, largely because the main political parties do not want to risk taking the plunge for fear of going against the Church, which stands firm against divorce. Although the Church’s influence on the population’s way of thinking on various matters has reduced over the years, it is still strong on other matters, and it is therefore highly likely that the political party that speaks out in favour of divorce will end up on the losing end.
It is, however, a mistake not to take into consideration the plight of so many people who are trapped in a dead marriage or who have separated and would like to build a new family. This “category” is growing rapidly and sooner or later their views and their pressure will have to be taken into account.
The problem will not go away, even if the political parties do not discuss it.