Everlasting bond

Those who favour the introduction of divorce in Malta often put forward the argument that, since there are so many broken marriages around, there is hardly any point in opposing divorce. This manner of thinking holds no ground because robberies take place all the time and, yet, nobody would ever dream of legalising theft. Divorce is likewise a negative experience and this is something nobody can ever deny. The most important question to ask regarding this issue is whether divorce will contribute to the common good of Maltese society or not.

Another fallacious argument brought forward in favour of divorce is that in Malta many couples are obliged to cohabit because divorce is not legalised. In countries where divorce has been in force for decades, cohabitation is rampant and in certain countries almost equals legal matrimony.

Divorce is effectively killing the institution of marriage as there is really not much point in going through all the work involved in getting married when, if things do not work out, one has to go through the trouble of having the marriage dissolved. Many conclude that cohabitation is the best solution after all as, having no duties and responsibilities, the couple can simply wave each other goodbye when they feel that their relationship has deteriorated to a point of no return.

Another misconception where divorce is concerned is that it is a "progressive" product of our post-modern era. It is not, of course. Divorce has been around for thousands of years. The ancient Jews had it and it was widespread in the Roman Empire. It only received a setback with the advent of Christianity. Introducing it is a throwback to days gone by when women and children were less than nothing before the law and men would leave their wives to seek "pastures new" when they deemed fit and their respective wives and children would have nothing to fall back upon. Sadly today this is repeating itself in the sense that the great losers in divorce cases are almost always women and their children. The latter are in the majority of cases given in custody to their mothers and, while these end up having all the responsibilities and duties of bringing them up, the same cannot be said of men who are consequently freer to live their own lives as they wish. No wonder that in our Western society divorced women with children are more often in a much more precarious financial position than their male counterparts.

A contract that can be dissolved inevitably leads many not to commit themselves to its success as much as they would in contrast to a contract that is indissoluble. Divorce legislation always starts off by following strict limits but then gradually loosens up to lead to divorce being obtained for practically no reason at all and even after a few months of marriage.

Divorce in reality pulls the carpet away from under the feet of married couples, especially those who are passing through difficult times in their relationship. It is a weapon one carries around hopefully just for self-defence but often used, with tragic consequences, even if the situation just does not warrant it.