It is frowned upon by the Church. Civil rights groups demand its introduction. Most politicians, in true political fashion, do not commit themselves. Society’s bane or a person’s right? Whatever side of the fence you’re on, divorce is a subject that has created debate and division in its own right. Bernard Busuttil analyses the debate in Malta and why it is such a thorny issue
Elizabeth Taylor, Tom Cruise, Nicole Kidman, Brad Pitt and Jennifer Aniston have done it and the PR machine that is Hollywood has made sure that the event got the media coverage it deserves. Hollywood, in many ways, has glorified divorce. In Hollywood, it pays!
However, in many countries around the world, there is little glamour to be had from divorce and its introduction over the past 200 years has been fraught with heated debates and protests.
There are only two countries in the world where the legal dissolution of marriage during the spouses’ lifetime is outlawed: Malta and the Philippines. Two nations with strong Christian beliefs and traditions.
Although its introduction has been resisted by successive governments and vociferously opposed by the Maltese Church, there is a growing movement that is calling for the introduction of divorce.
To complicate matters, Malta is now a member of the European Union and, as such, it is bound by the rules and legal obligations imposed by membership. And the European Commissions’ proposed Rome III regulation to harmonise divorce laws throughout the Union has sparked off a heated debate. Since divorce is illegal in Malta, the government has asked for a formal opt-out clause.
Even if Malta’s request is accepted, the debate is far from over. More and more people, some publicly, others in private, are asking whether divorce should be introduced in Malta after all. The arguments are wide-ranging and in many cases, whether you agree or not, they make sense.
Like many countries before Malta, the debate is now a battle of wills between civil society and the Church. Somewhere in between lie the political parties.
Historical perspective
France introduced divorce in 1791 following the revolution, while other non-Catholic countries introduced it during the 19th century. Divorce in Catholic countries began finding its way in around the second half of the 20th century following harsh civil-rights battles. Catholic strongholds like Italy introduced divorce in 1970, Portugal followed in 1975, Spain in 1981 and Ireland in 1995.
In Malta, things have worked out differently. Dom Mintoff brought on him and his party the wrath of the Church for including the right to a civil marriage in his Six Points. Civil marriage was passed through parliament in 1975 and it was revised in 1995 following a protocol reached between the Holy See and Malta. This agreement put the ecclesiastical tribunal in a position to overrule the civil courts with regard to the annulment of marriages between Catholics.
Society also became more complex, putting pressure on traditional values and models. The family model of father, mother and children is still strong but we can now see other models emerging: cohabiting couples with or without children, separated couples living with new partners… different combinations that reflect considerable social changes.
The media has impacted on Maltese society. People are more open to new trends, they are willing to try new experiences. The Church, although it remains a strong force in society, is also feeling its power being eroded. Our exposure to new cultures, new beliefs, inter-cultural relationships has contributed to a growing sense of independence from society’s traditional values. Many people today say they are practising Catholics but disagree with the Church’s stand on birth control and cohabitation.
As family structures are put under pressure, fewer couples are willing to commit themselves. Those that do, and are unable to face the pressure, now take separation as the easy way out. Both men and women are today more financially independent, making it even easier for them to go separate ways. No longer is separation perceived to be a disgrace.
Faced with these realities, exponents of civil society have argued that since so many couples are for all intents and purposes “divorced,” the state might as well make divorce legal.
However, one of the most important issues, that is ignored in the whole debate for an adequate legal framework for the dissolution of marriages, is that very same reason why people generally decide to marry in the first place – love.
Should divorce be introduced in Malta? Will it disrupt society? Will it lead to a further decline in Christian and family values?
The arguments for and against the introduction of divorce are myriad and the debate is far from over. Will it all boil down to a battle of wills between civil society and the Church? Will the politicians tip the scales?
Is there a solution?
Malta needs healthy and strong families – Sandro Spiteri, chairman, National Family Commission
According to the chairman of the National Family Commission (NFC) Malta needs “healthy, stable and strong families” and good support structures in place to “walk with the family when the going gets tough”.
Mr Spiteri said the commission does not aim to represent civil society but to work with the different parties involved in order to “discern from a secular perspective what is the common good for our nation, with its Christian roots and its multicultural future.”
To this end, an NGO Forum for the Family will be formed shortly. The commission is also currently conducting a consultative process that will lead to a draft national family policy in May 2007.
Mr Spiteri stated that the commission promotes a conventional family model, which is heterosexual and intended to be indissoluble, and is in the best interest of the nation. He added that the introduction of divorce would not help to strengthen the family or safeguard the rights of those who are most vulnerable.
Asked whether the country would benefit from the introduction of divorce, Mr Spiteri said: “Statistics show that in every country in the world, the introduction of divorce has led to more unstable family units, more vulnerable women and children, more marginalisation. Those who go through their first divorce are more likely to divorce again. As a ‘solution’ to marital breakdowns, divorce has failed. Why adopt a failed solution?”
However, there is also the need for structures that support those who are in painful family situations, “whose relationships have broken down but can be rebuilt, and also those relationships that have broken down irremediably or who never had a real marital relationship in the first place.”
With regard to the latter, Mr Spiteri said that the commission is encouraged by Archbishop Mgr Paul Cremona’s comments that he has already identified the ecclesiastical procedure for the recognition of nullity of marriages, as an area that merits attention.
Mr Spiteri showed that no concrete arguments have been made in the case of those whose marriage is irretrievably broken and have found a stable relationship outside marriage, with the possibility of having children. He said it was a question of striking the right balance between leaving such a reality without regulation, or regulating it without jeopardising “the definition of the family as a commitment for life.”
“Indeed, we need to ask ourselves if it is not better for society that once the ideal of a conventional family structure is clearly not achievable, some sort of regulation of stable partnerships in general would be better for the general stability of society.”
Therefore, would the introduction of divorce and the right to remarry in any way improve the lives of cohabitating couples? Mr Spiteri said that “we owe it to the people directly involved and to our nation to listen and search for answers, however partial they may be, and my commission will certainly be doing this.”
Circumstances have changed – Marie Louise Coleiro Preca, Labour MP
Malta Labour Party (MLP) spokesperson on social solidarity, Marie Louise Coleiro Preca said that every government should encourage the development of a family “built” by a heterosexual couple with the intent of having children and bringing them up.
“However, in today’s world, circumstances have changed and we are moving away at a tangent from this model. The MLP believes that the political debate on whether divorce should be legalised in Malta or not should be brought about after civil society raises the issue and discusses it thoroughly. As things stand today this discussion is not taking place.”
Needs of minority should not be ignored – Harry Vassallo, AD chairman
Alternattiva Demokratika – the Green aParty (AD) Chairperson Dr Harry Vassallo, has spoken openly about the subject. He accused the parties represented in parliament of deciding “that they have something to lose at election time if they were to broach this subject.”
He called on the parties to stop ignoring “the ever growing number of couples who would like to be married and are obliged to cohabit because of the absence of divorce in Malta.”
Asked whether he thinks that the majority of the Maltese feel that divorce should be introduced he answered: “God forbid that we come to the extreme of having the majority of Maltese families breaking up.”
Dr Vassallo said broken families and cohabitating couples constitute the minority of Maltese households and their needs should not be ignored.
Majority view marriage as life-long commitment – Dolores Cristina, Family and Social Solidarity Minister
According to Dolores Cristina, the introduction of divorce would warrant a “change of the concept of the family model upon which we have grounded our social and cultural structures so far.”
“The vast majority of the Maltese still view marriage as being an exclusive life-long commitment between a husband and wife, with the emphasis here on life-long.”
As a result, the government does not believe that it is wise to undertake such a radical change. However, the minister said the government will continue to commit its resources and energy so that the introduction of divorce will not become inevitable.
“An ideal family policy,” said Mrs Cristina, “is one that provides the way forward for the strengthening of the family unit.”
An ideal family policy should be formulated after extensive talks with stakeholders. Hence consultations carried out by the National Family Commission are on the right track, she maintained.
Mrs Cristina added that initiatives undertaken by the government such as the introduction of family-friendly measures at work, provision of incentives for parents of children attending child care facilities and the strengthening of support services such as those of the child and family agency Appogg also constitute part of an ideal family policy.
To this end she quoted Prime Minister Lawrence Gonzi who had said: “We (the government) shall steadfastly continue to uphold and maintain our traditional family values, yet we recognise that changing social trends may require different approaches.”
Asked whether AD chairman Dr Harry Vassallo’s statement that the major parties “put their electoral interests before the interests of the people,” Mrs Cristina countered that by saying: “Quick-fix legislation might make good sound-bite politics, but it is certainly not good policy.” She added that the need to debate or not on divorce will emerge clearly from the NFC consultations.
Pointing out that Maltese Law grants remarriage to persons who have obtained an annulment, Minister Cristina said that not all those cohabitating wish to remarry. On the argument that remarriage improves the lives of cohabitating couples she said that “until a concrete assessment is carried out on the field it would be amiss to draw conclusions on issues, the parameters of which are in no way clear.”
Minister Cristina said that since the Maltese are strong family-oriented people, and that family is the cornerstone of Maltese society, therefore the absolute majority of Maltese are against divorce as it does not help family-building. She backed her reasoning by quoting from the latest European Values Study that shows that 95.6 per cent feel that the family is very important to them, 93.5 per cent disagreed with the statement that marriage is an outdated institution and on a scale from 1 to 10, with the first step standing for the most negative opinion on divorce, the Maltese registered a level of 2.56.
Religious beliefs and their influence on decision-making
Sandro Spiteri – National Family Commission
On one level, the evidence on the effects of divorce is clear, using standard objective criteria and statistical techniques, he said.
“One can reach a conclusion without looking through the ‘lens’ of the country’s religious beliefs. On the other hand, a position that is also based on religious conviction does not preclude rational argumentation.
“In a mature believer, faith does not close the door to inquiry with dumb dogma, but opens up new options because the fundamentals are clear.”
Dr Harry Vassallo – AD chairman
Dr Harry Vassallo stressed that such an issue warrants the separation of the Church from the state.
“Personal choices should be made according to personal morals and no one has the right to stick their noses in other people’s business. One should stick to his religious beliefs out of one’s own conscience and not because of the law.”
Dolores Cristina – Family and Social Solidarity Minister
“It is indisputable that the vast majority of Maltese consider themselves to be of Catholic faith and many of them practise their religion. As a result, it would be impossible, to say the least, for a practising Maltese Catholic to separate the issue of divorce from his or her central beliefs. A referendum is the best way to obtain an answer with regards to the divorce question.”