That divorce is on the agenda is nothing new. Sooner or later, it must appear on the statute books. The subject must be approached calmly and judiciously. In truth, it has now been on the agenda for a number of years with a vociferous minority insisting that divorce is a must for Malta, and the quiet majority biding their time.
The Malta Labour Party placed it on the agenda some time ago; in fact a Commission had been set up in 1997 by the then Prime Minister Alfred Sant to advise on the Future of the Family (Kummissjoni ghall-Futur tal-Familji). Part of the remit of this commission was to investigate how the civil dissolution of marriage could be regulated. In the run up to the leadership elections, Labour Party leader Joseph Muscat made it clear that he would initiate the divorce debate with a view to bring in legislation on the matter. Following declarations made by Minister John Dalli, Prime Minister Gonzi followed suit by announcing that he is willing to open the debate. Divorce is no longer associated with Alternattiva only.
In order for this debate to be a success, it must be properly managed. The debate must start with a discussion on the status quo, examining whether there is a need to change the present situation in our country. Furthermore, like it or not, the debate must also centre on issues such as the strength of the family, and whether divorce could in essence undermine this strength. Central to this debate would have to be the issue of what constitutes a family today, and whether the family unit as such has now become an ever-changing unit. In other words, can we state categorically that the family unit certainties of the past are still with us or have changed what was certain? The debate must also give attention to what we, as a society, need.
The debate should also centre on the context of marriage itself. I believe that from the outset the emphasis must remain on salvaging the marriage so any legislation must not make it too easy to end the union, so to speak. As should the issue of preparation for marriage. We all know of couples who married for all the wrong reasons or too early in their relationship. Doing it slowly and with proper thought and reasoning will help, although problems sometimes crop up even in the best of circumstances. Mediation as a tool must continue to be promoted. All adequate safeguards should be implemented to avoid marriage and divorce being used as a tool for ulterior motives such as citizenship.
Be that as it may, the debate must also focus on the issue of today’s guru: statistics. Recent statistics indicate that over 2,300 people living in Malta are divorced. Other statistics that have got to be taken into account are the number of separations being concluded on a yearly basis. In the past four years, 2123 couples have filed mediation proceedings. Of these 192 did not reach an agreement and their separation will be concluded with a court case. Three hundred couples gave mediation a chance and have been reconciled. The numbers speak for themselves.
When the divorce debate starts properly, we must get all the people involved –lawyers, judges, mediators, psychiatrists, psychologists, family experts and of course the clergy. The whole matter has to be treated with care and attention. There is no room for error. The debate must centre on a holistic approach, otherwise it will fail.