Aside from the immediate necessity to introduce divorce proceedings, considering that our law already admits enforceable recognition of foreign divorce decrees and/or judgements, those intending to initiate formal legal separation action must commence with a mediation application for sessions to be held presided over by an official mediator.

Most of our mediators carry out their vocative job very well, though perhaps better coordination with the parties’ advocates might lessen the misconceptions that at times arise if particular legal issues are to be well understood by the interested contenders, such as the significance of care and custody especially when minors are still infants.

It is for example an entirely different matter discussing care and custody relating to children under nine years of age, to that between nine and 14, and almost paling into insignificance that between 14 and 18 when it is more or less the wishes of the latter minors that are implemented and duly respected by the court in the decrees or judgments handed down.

There are immediate legislative improvements that could be implemented outright if there was the balanced legal mentality available where it matters, namely at the legislative or ministerial source where laws and regulations might be made and implemented.

In mediation cases, we get a percentage where it will be obvious from the start that no amount of pressure, albeit well-intentioned, will convince either of the contending parties to consider reconciliation: in such instances either of the parties should be legally authorised to proceed forthwith with the writ of summons by whatever appellative referred to: currently Rikors Guramentat (Sworn Application) – a thorn is a thorn by whatever name called.

Once the consensual separation contract is signed, it cannot be altered, saving with the explicit consent of the other spouse; failing that a legal battle by means of a civil court lawsuit must ensue. It is a difficult uphill struggle to alter or amend such a contract in these circumstances. Strong and legally unchallengeable evidence must be presented to effectively have this contract altered.

Hence why it is better to go for a detailed contract which will oversee factual realities that might occur, for example that maintenance will ipso iure be stopped if the other spouse becomes aware that the receiving spouse is having an adulterous affair or has a job. If references to these possibilities are not written down, it is folly for one to grumble that the law is an ass, when the real ass is the victimised spouse.

If in doubt and failing a mediation agreement, then one must opt for a lawsuit where one has ample time to collect the evidence and the other side might be impatient to wait a relatively long time. Thus why a divorce law would be an asset not a hindrance for local proceedings to be expedited.

If the law and regulations were to make it possible that once within a definitive legal structure mediation proceedings prove fruitless (as occurs in a reasonable number of the ever-increasing mediation applications), either of the parties could proceed forthwith with the formal contentious contentions, then the precious waste of time both for the family court and the individuals involved that is currently operative, would be eliminated.

This will do away with the misconceived procedure that once mediation is formally declared closed, either of the parties has two months within which to commence formal separation procedures in a totally disconnected legal case. If that is not done, saving an application for a further extension period, the whole effort would just be flushed off... life is much too precious to play about with people’s lives like this!

It would be more practicable if once mediation procedures are declared closed by a court decree, then automatically the contentious separation proceedings commence so that as little time as possible is wasted for the party who is determined on the course of action he or she desires their precious life to take.

The authorities are doing their best to slow down the separation process in the hope that the situation will not appear as depressing as it is in reality. This equally-depressive mental attitude must stop... if an individual goes for legal separation, then there has to be the adequate legal machinery to get on with this procedure in a reasonably expeditious time as logically possible.

This is one aspect where your reference to the Family Court as a cumbersome court (TMID editorial, 15 April) fits the description.

Emmy Bezzina

Alpha Liberal

Democratic Party

[email protected]