The Malta Independent 10 August 2026, Monday
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There Is a choice

Malta Independent Thursday, 26 May 2011, 00:00 Last update: about 14 years ago

Very soon we shall be voting in a referendum on the introduction of divorce applicable only where a married couple has been separated for a period of four years. Up to two or three years ago I was against divorce. Then I started using reason. Primarily, there should be a distinction between divorce per se and the introduction of divorce. Divorce is a civil right and we are voting for its introduction to give persons whose marriage has broken down a right of choice. When or if divorce is introduced it is still our right to choose whether to resort to it or not. We have to admit that there is a high percentage of marriage breakdowns with children still suffering even without divorce legislation. Children still witness violent scenes while their parents are separating. So I disagree with the No campaign claiming that children with suffer because of the introduction of divorce.

Divorce has been recognised in our country for a long time by the Marriage Act of 1975. Foreign nationals who have divorced abroad can, by force of law, have their divorce recognised in Malta. This law, together with the Brussels II Regulation, also gives a chance to Maltese couples who are well off to go and live abroad and get divorced there. However, Maltese couples who cannot afford to get divorced abroad are not afforded right to start a new marriage and a new life. This, therefore, is a social injustice.

Also, Church annulments take years to be finalised, if they are given at all. Moreover, when annulment is given the child has to understand that the marriage had never existed in the first place and that she was not born in marriage. She has to understand that she is a child born out of wedlock. With divorce, the child was born in a marriage but that marriage failed. This means that the child was still born in wedlock, despite the civil dissolution of her parents’ marriage.

Another point which comes to mind and which still confuses me is why certain Catholics including conservative Members of Parliament are against divorce because God or Our Lady do not want it, but yet are in favour of concubinage which, according to our religion, is still a sin. Catholic marriage will for all intents and purposes remain untouched by the proposed legislation.

Furthermore, even if I might not need divorce or do not want to get divorced in the future, other people do need it and when voting, therefore, one should keep in mind the needs of others. I also believe in tolerance and that even if I am Catholic I should still tolerate and accept others who do not follow my religion. Even if the majority of people residing in Malta follow Catholic religion, there is still a minority who do not, and there is a significant minority of people who do not practice their religion anymore.

This is why I believe that legislation for responsible divorce should be introduced in Malta as soon as possible.

■ Graziella Tanti

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