Roman Catholic Malta and Anglican Sark, a small island in the southwestern English Channel, off the French coast of Normandy, are the only western places where divorce is illegal.
The Roman Catholic Church is against the legislation of divorce, but a competent ecclesiastical tribunal can declare the nullity of a marriage, meaning that the marriage was invalid from its beginning. Here the couple involved is free to marry. In Malta, we have lack of justice in the ecclesiastical tribunal. Although there is a long list of experienced lawyers to assist you at the tribunal, your trusted lawyer may not be on that list, therefore you lose your right to be represented by him/her and must use, whether you like it or not, a lawyer who is listed.
I’m aware that separation is a very devastating situation on the spouses but worse on children. It can contribute to child abuse and neglect, suicide, troubled children, crushing deficits, substance abuse, criminal behaviour, the loss of property value from forced real-estate sales. Legal fees and court costs can be very high to cope with and you never know the outcome. Hardly any separated person you speak with was happy with the outcome from custody and visitation issues. This is all before factoring in the emotional costs. Also, separation has a great impact on society, which includes higher taxes.
To rebuild your life after a separation you may have to find a new home, build new friendships, start a new career or learn to live life as a single parent. No matter how strong a person you are, moving on after a separation is challenging.
Separations have created an industry that is profiting of marital discord. While not to impugn all lawyers, there are some who may feel protective of their income source. Some have earned a “reputation” for being the most cunning or ruthless, playing on the emotions of the traumatised party. Injustices commonly occur when one party is threatened with compounding legal fees. The financial costs inherent in the current system often deter the responsible party from continuing the struggle for fairness.
I am joyfully married, but I do care about those people whose marriage had failed and I believe in giving a chance to these people to start a happy new married life.
People are hurting.
Some people are in favour of divorce, others are against.
To those against divorce, I ask:
• Do you believe in justice for all?
• Do you know that in Malta, we have a situation in which if you have the money you can get divorced abroad, then come back to Malta and your divorce becomes legal?
• Do you know that a Maltese, behind the back of his/her spouse, can go abroad and divorce his/her spouse, come back to Malta and surprise his/her spouse with the divorce papers?
• Do you know that some single women prefer to become single mothers rather than get married?
• Do you know that many couples are opting for cohabitation?
So much for family values.
• Do you know that these cohabiting couples, are blessed by State-created legislation aimed to protect their rights when living together for a prescribed period of time?
• Don’t these people feel that this situation is unjust?
Many people talk about justice, but one will soon realise that these people are a bunch of hypocrites.
Do you want divorce? Yes or no?
This question or a similar one will be put to us in the referendum.
Sorry, we are not selling cheesecakes here.
Every marriage relationship is unique; no one can actually make a decision for someone else as everyone has different lives, different issues.
I believe that no government needs a mandate to put an unjust situation in order.
My suggestion is that all Members of Parliament sit together and decide on legislation on divorce for all those whose marriage must dissolve for good reason.
■ Peter Grima
Sliema