From Not. J. L. Attard

Divorce brings to a premature end a legally and validly contracted marital union before the death of either spouse. It can be compared with an annulment – a declaration that a marriage is void ab intio, which implies that the marriage never existed. Divorce laws vary considerably around the world. However, in our country and the Philippines, divorce is banned and the only way to dissolve a valid marriage is through a declaration of nullity.

But what is at stake if Malta introduces divorce? The answer is quite obvious: we are challenging our social basic structure, that is, the family. The institution of marriage is found in all societies around the world. In Malta marriage means stabilized patterns of norms and roles associated with the mutual relationship between husband and wife. It joins together a man and a woman in a special kind of social and legal arrangement that serves several purposes for our society.

One of the fundamental tenets of marriage is procreation and the upbringing and education of children. More basically, marriage is not only about sex, love, or happiness; it is the basic building block of society in that it creates stability for its members and that of future generations, and therefore of society as a whole. The maintenance of love in marriage, by the avoidance of harm and the meeting of needs, is the fundamental element that holds that union together. Loss of love is not a reason for dissolution of the martial union but a call to explore how to restore that love and one’s own need for change within the marriage.

What is sure is that the introduction of divorce in Malta can mine and eradicate the institute of marriage. Divorce itself will have devastating effects on marriage because it would change the physiological perception of people on marriage, which many still consider a life long commitment. The law would no longer define marriage as a union for life. In turn, this will undermine, destabilize and devalue marriage, contrary to the constitutional guarantee by the State to protect the family and the institution itself. Furthermore, the level of marriage breakdown in this country will increase drastically. Actually, we have a low level compared to other European countries and surely the absence of divorce must contribute significantly to this result.

Divorce will affect mostly children who will inevitably suffer as a result of marriage breakdown. The remarriage of one or both parents would be likely to worsen the harmful effects of marriage breakdown on children. Furthermore, all hope of the parents reuniting in the future would be lost.

The break with an absent parent would be more complete. Children would likely have difficulty adjusting to living with the partner and children of any second marriage.

The break up of a family leaves all its members less well off. Children and non-earning spouses, most typically women, are particularly vulnerable.

These impoverished spouses and children have to be supported by taxpayers through social welfare payments. The indirect financial cost of dealing with the social consequences of an increase in family breakdowns would also be substantial. The law already provides the necessary remedies to deal with marriage breakdown and to protect those affected by it. The status and rights of children born outside wedlock are fully protected nowadays. It is argued that divorce should be introduced so the parties that are in a relationship outside marriage could have the benefit of being married again. This limited advantage could only be made available at the general cost of devaluing all marriages and to the specific disadvantage of the members of the original family.

Finally, what is sure is that the institution of marriage in Malta as we know it today will have to face a lot of challenges in the near future. Already there are prominent politicians airing the idea of introducing divorce in Malta. I am sure that those who want to defy the traditional Maltese family as we know it today, will have to shoulder the responsibility of the deterioration of future generations and our society as a whole.

Joseph L. Attard

XAGHRA