VALLETTA, Malta — Malta has resisted legalization of divorce for many years, but the country is set to vote on the practice May 28.
Malta is one of the very few countries in the world where divorce is still illegal. The upcoming referendum will offer voters the option of divorce only for couples who have had four years of marital separation with no prospect of reconciliation and where adequate maintenance is guaranteed for child support.
Only separation and annulment are possible under the current Civil Code and Marriage Act. Catholics in Malta may file for a declaration of nullity (commonly called an annulment), which recognizes that a valid marriage never existed. Others may opt for a legal separation, yet they are prevented from remarrying in Malta.
Malta is the only member state of the European Union that does not allow divorce. Since most Europeans consider divorce a civil-rights matter, the Maltese have been pressured considerably from outside media. In many European newspapers, the illegality of divorce in Malta is called “medieval” and the country “backward.”
The illegality of divorce was written into the Maltese constitution in the 1960s after failed attempts by the Labor Party to make divorce available. The Labor Party since the 1970s has made strides to introduce divorce to Malta by first introducing and legalizing legal separation. Recent polls, however, show that the population is more open to a divorce law; a little less than half support it.
The country is currently led by the Nationalist Party (Partit Nazzjonalista) under Prime Minister Lawrence Gonzi, who has voiced his opposition to divorce. Most members of the National Party also oppose divorce.
Gonzi has stated, “If we truly want to safeguard the family, I won’t bring divorce to Malta.”
Joseph Muscat, leader of the Labor Party, has actively campaigned for divorce. “The decision to introduce divorce or not to Malta is closely lined with Malta’s identity and in line with the choice made years ago to become a European Union member state,” he said.
Muscat is quick to reject “Las Vegas-style” divorce, but says Malta should aspire to values of “solidarity, inclusion, democracy and equality, which are, however, all underpinned by the value of tolerance … and that the principle of choice should be safeguarded. Choice implies rights, and these rights cannot be denied.”
He also said that “currently Malta was living in a state of hypocritical ‘tolerance’ where couples who experience marital breakdown and then find new partners are forced to cohabit.”
During his apostolic visit to Malta last spring, Pope Benedict XVI spoke repeatedly of the permanence of Catholic marriage: “Your nation should continue to stand up for the indissolubility of marriage as a natural institution as well as a sacramental one, and for the true nature of the family, just as it does for the sacredness of human life from conception to natural death.”
The Church in Malta recently issued a pastoral letter entitled “Commitment and Attitudes With Respect to Marriage and the Family.” It states, “A divorce mentality corrodes in no uncertain terms the bond of marriage, and the introduction of divorce through the enactment of civil laws weakens our understanding of everlasting marriage. This opens a social wound, and has harmful effects on society, as has been the case with other countries.”
Archbishop Paul Cremona of the Archdiocese of Malta, which encompasses the country’s main island, stated, “It is a contradiction to say that we will promote stability of marriage — included in the ‘common good’ — by introducing legislation about divorce, which weakens this same concept.”
Weakening Marriage
Andre Camilleri, chairman of the Anti-Divorce Movement, believes divorce will weaken the bond of marriage. The introduction of divorce in other countries has reduced the number of marriages and increased cohabitation and marital breakdown, he said. Camilleri believes that “the government should focus its energy and resources to boost marriage preparation, provide services for those with marital problems and try to reduce the hurt of people in broken marriages.”
In Malta, many question the possible societal implications of legalizing divorce. Others, however, argue for “freedom of choice.”
“Malta is currently in a situation where whoever is separated, legally or otherwise, cannot move on into another relationship recognized by law,” said Deborah Schembri, chairwoman of the Pro-Divorce Movement. “There is no divorce and not even cohabitation laws. Therefore, people who partner up with someone after they separate from their wives or husbands do so knowing they have no legal rights whatsoever in the new relationships.” Therefore, she contends, the law will help to iron out discrimination between people.
It remains to be seen if the country introduces divorce or not, but, for the Maltese, the issue has become a lightning rod for public debate.
Register correspondent Jennifer Roche writes from Pennsylvania.
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This Labor leader uses every argument I have heard for so-called homosexual marriage, abortion, contraception, porn, and ever other vice. It is always tolerance, choice, and every other buzzword of those inspired by Satan to destroy the morality of any nation. Disgusting.
Oh I love how he states that people are “forced” into cohabitation. Yep, they had a gun to their head. Ugh.
I so hope and pray that Malta does not legalize divorce. Marriage and family are the bedrocks of a healthy society.
prayers to Our Lady of Cana that Malta stays strong on marriage.
Divorce in Malta is not illegal. There is no law banning it, so much so that one may register a divorce obtained overseas. Malta simply lacks a procedure to obtain divorce internally.
http://www.timesofmalta.com/articles/view/20110511/local/Nearly-one-divorce-a-week-granted-last-year.364759
There is a running joke among my friends and I…whenever things in the world start to look ugly (abortion, war, atheism, school shootings, election day) I announce that I am moving to Malta. Most people don’t even know where Malta is. I think it sounds like a piece of heaven on earth. It will break my heart if this goes through. Nowhere to run, nowhere to hide. I’ll be praying that this tiny land mass remains an enormous lighthouse to the rest of the world. Don’t do it Malta. Don’t do it. You’re way better than that.
The current civil law on divorce in Malta sounds like a reasonable accommodation for estranged couples - a period of separation, a declaration of ‘irreconcilable differences’ before a divorce is granted. This sounds like a good way to approach the dissolution of what is a covenantal, not contractual arrangement - marriage.
I would love to visit Malta, to get a sense of her ‘medieval’ culture and society. How could any culture be worse than our dissolute, degraded Western secularized society in the US and Europe?
Divorce is not illegal in Malta. There is no law banning it. So much so that it is possible to register a divorce obtained overseas. In Malta there is simply no procedure to obtain divorce nationally.
Oh Malta stay strong and do not give into the evil. Don’t head down that slippery slope of providing divorces to your citizens. What you have now is exactly the way it should be according to God’s plan because separation of a couple by divorce or just separation can not free them to marry another but enslave them to the sin of adultery. It is only an annulment that frees them to marry another and that is because it was not a valid marriage to begin with. Stand your ground Malta and do not get caught up in the flood of immorality that is covering the world.
If the Catholic Church had its way would it seek to impose a law like Malta’s in every country. If so then “Viva Secularism”.
Michael,
We can dream.
This is for Simon Lungaro: what you state is untrue. Divorce is banned, illegal, impossible in Malta at this time, thus the need for the referendum to debate the issue.
The only possibility is to go to a foreign jurisdiction, yet that is fraught with complications and, I believe, you had to be married abroad. Malta has in its constitution the rights of the Church. This is why Catholics are so concerned with the introduction of divorce on an island that is the bedrock of Christianity for Europe.
—Jennifer Roche, author of article
To quote a Maltese regarding foreign divorce: “Strictly speaking, divorce does not exist in Malta. What our law says is that our courts can, not always (!) recognize, not divorce (!) but judgments given by foreign courts. So what our law says refers more to judgments of foreign courts regarding the legal status of a person rather than recognizing divorce.
Our law does not recognize all foreign courts, but some of them. That is the role of the Minister of Justice which courts are recognized. Besides, to get a divorce abroad one must be either a resident or domicile. Both residence and domicile are not things that one can get overnight!
Finally I say that two wrongs do not make a right. If divorce is to the detriment of all people, it will remain so both abroad and in our Catholic islands.”
—Jennifer Roche
This is for Mrs. Jennifer Roche: Regarding the registration of foreign judgements, you are right, “what our law says refers more to judgments of foreign courts regarding the legal status of a person rather than recognizing divorce”.
However, the Maltese Courts are bound by international and European Community Law to recognize judgements from recognized foreign jurisdictions. This practically applies to all the official judgemets from the 27 Member States (including Malta) of the European Union.
If you consider the right to free movement of persons within the EU, it is relatively easy to take up residence in a different Member State. Recognizing a foreign divorce judgement effectively brings about the same effects of divorce i.e. you may remarry, which is what ultimately divorced persons desire.
This link for a popular Maltese newspaper illustrates the possibility to register a foreign divorce judgement in Malta.
http://www.timesofmalta.com/articles/view/20110511/local/Nearly-one-divorce-a-week-granted-last-year.364759
Could be a great opportunity for true social scientists to proclaim the research that shows that Maltese families are healthier than their European couterparts.
For Simon Lungaro, to register a foreign divorce is not the same thing as legal divorce in Malta. This is my point. Thank you for the interesting discussion.
—Jennifer Roche
I, as a Maltese, invite all National Catholic Register readers to please do keep us in your daily prayers during these delicate times for our families, so that the Maltese people will not support any legislation that goes against the teaching of the Roman Catholic Church.
Thank you all.
Who are we kidding. It’ll pass
Jay,
We can dream.
For Steve: I love Malta and Gozo with all my heart, and I do hope that St. Paul keeps your under his mantle during, as you so wisely say “these delicate times”. Even if the law passes, family life is very strong in Malta, and I do believe that many will remain in their sacramental state. Malta, as the seedbed for the Christian spirit that spread throughout Europe, will always be a witness to the Truth no matter what human law say—it is written in stone in their beautiful churches that dot the rugged landscape that received St. Paul. HAS INSULAS PROTEGE
In that we have already won and from that we garner strength. Alas, there is not much to fear in “human votes and human laws”—we have God and He has already conquered the world.
As for dear Malta— GHAZIEZ TIEGHI— you are always with me in spirit.
Jennifer Roche
Somehow, one of my posts has not been published. It ran along these lines:
In your article you state that “The illegality of divorce was written into the Maltese constitution in the 1960s after failed attempts by the Labor Party to make divorce available.” - The constitution mentions nothing about divorce.
Strictly speaking, something is illegal when it is ‘expressly prohibited by law’. Under Maltese law, you will find no law allowing or disallowing divorce, so you may not call it illegal or banned. It is simply unregulated, so you may say it is impossible to obtain, although you may have a foreign divorce decree registered in Malta.
The fact that there is no divorce in Malta unfortunately does not mean that all marriages are happy. Many separated persons form families out of wedlock, and these families are frowned upon by society.
The divorce bill is aimed at civil and not catholic marriage. Catholic marriage remains the domain of the Catholic Church.
I wonder how catholic nation can think of legalizing divorce. The rson is lack of faith in the Words of Christ. No oe can help. We can oly pray that God may give the wisdom to llllllllve one’s spouse UNCONDITINALLY.
It is shameful that a catholic country is thinking of legalizing divorce The reason is the lack of faith in the Words of Jesus Christ. Who can help the situation ? Let us pray God to bestow wisdom to understand the meaning of christian marriage and to love the spouse UNCONDITIONALLY
A catholic marriage is a thing and a civil marriage is another!! I don’t know why the church in malta is interfiering in something that is civil. A civil divorce does not lead you to a catholic divorce, for the act of god you will be married for ever
Divorce changes the perception of marriage from something that is life long, with all the commitments that goes with it to something that can get dissolved when someone gets fed up. From a civil point of view it has a negative effect on the society.
The following are links to two articles explaining the problem with the referendum and divorce.
Article 1
http://www.timesofmalta.com/articles/view/20110522/blogs/will-you-vote-for-this-question-next-saturday.366671
Article 2
http://www.timesofmalta.com/articles/view/20110522/opinion/Rock-in-a-liquid-culture.366587
Divorce is also illegal in the Philippines.
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