Cohabitation law: committee lists public's suggestions

Oscar Cassar

Mar 30th 2010, 19:16

@ Dr Ing. Patrick Attard

I think that in Malta we still have no rights at all to take a ‘medical decision in case your partner is unable to do so’ for example while he or she in is a vegetative state. Generally speaking I am against euthanasia, but just because it is also a taboo subject in Malta, I believe that we do not have any law that give rights to ‘family or direct relatives’ to regulate or refuse ‘forced medication’ to a person.

Oscar Cassar

Mar 30th 2010, 19:15

As it is being proposed, it is as if the Government is only interested in addressing and regulate ‘this reality’ to become politically attractive with gay rights activist, while at the same time still ignoring vulnerable persons that are still awaiting a reform of the incomplete Civil Marriage laws introduced in the 1970s.

Although the PN is bound by a promise of the 1998 electoral programme, I think that in 2010, it is a mistake to consider the introduction of cohabitation while completely ignoring divorce. By doing so, we will be accommodating persons like Cyrus Engerer (PN Sliema councillor and gay rights activist), but doing a lot of harm to the Family in general.

Oscar Cassar

Mar 30th 2010, 19:14

A law on cohabitation was required in the 90s when it was originally proposed by the PN. Malta still need to update its laws introduced in the 1970’s regarding Civil Marriage, that recognize divorce granted by foreign courts but discriminates against locals (at least those who cannot go abroad for such proceedings)

Even the Church recognizes the fact that cohabitation is worse then divorce - that can give a ‘second chance’ for a new family unit. Therefore if we really believe in the family as an asset to our nation, we must introduce cohabitation in parallel with or after a divorce legislation. Only gay and lesbian couples will benefit if we introduce only a cohabitation act. Therefore like in the 1970s we will be introducing an incomplete reform just because Divorce is still a taboo in the 2010.

Dr. Savior Tortell Pisani

Mar 30th 2010, 10:58

Gentlemen, forget about Divorce!

The Church doesn't like it, The PN blatantly refuses to introduce it and The PL refuses to take the matter seriously. However, the problem is as I have said a thousand times over. But I will repeat: Divorce breaches the most basic clause in the contract of holy Catholic Marriage. Marriage is by definition ETERNAL - even in the face of hardship. So divorce can never ever be allowed. The sooner we detach ourselves from this pipe-dream the better it will be for everybody.

But if you don't like the idea of committing yourself permanently to the unknown, then Marriage is NOT for you. Just refrain from UTTERING THE WORDS "Till Death Do Us Apart" and choose the Civil-Union instead! It is so very simple.

This proposal is truly the best way forward. It allows people to decide to which level of commitment they are willing to subject themselves. This Cohabitation law is by far the cleanest and fairest way forward for everybody.

Stefan Vella

Mar 29th 2010, 22:51

@Dr S. Tortell Pisani

The word marriage was not invented by catholics nor is it patented by any organisation. It is interpreted and used by a couple of billion people in a multitude of variations. Tolerance is a great virtue!

On topic - cohabitation is just one step in this process. Divorce for civil marriages is next.

Dr Ing. Patrick Attard

Mar 29th 2010, 22:36

Any basic form of civil partnership MUST include the following:

- Hospital visitation rights in case of accident or serious illness of the partner.
- The right to take a medical decision in case your partner is unable to do so.
- The right to take urgent family leave from work to take care of your sick partner
- The right to organise the funeral in case of death of your partner
- The right to take bereavement leave from work to mourn your partner.
- The right to live and work in Malta for partners who don't have an EU nationality

Take a look here at the list of rights in Australia's same-sex reform:
http://patrickattard.blogspot.com/2009/04/australian-attorney-general-same-sex.html

Oscar Cassar

Mar 29th 2010, 22:06

A Cohabitation law was required in the 90s when it was originally promised by the PN. Although nowadays a legislation of cohabitation will be very useful to guy and lesbian couples, it will be of little help or worsens (psychologically) the situation of the most vulnerable within separated couples as they still cannot reach the desired ‘second chance’ within a ‘normal’ civil family unit.

It is quite understandable that the public's response to a call for suggestions had not been high. This because the most effected persons, does not care (the perpetrators) or are still going through the effects of a broken marriage. This last category of persons will surly not be looking forward to talk to the Parliamentary Social Affairs Committee about the ‘private’ life and their problems in view of a legislation that will not heal their pain.

Dr. Savior Tortell Pisani

Mar 29th 2010, 20:37

Forget about Divorce! IT CAN NEVER HAPPEN in our country...

As I have said a thousand times over, I will repeat: Divorce breaches the most basic clause in the contract of holy Catholic Marriage. So it can never ever be allowed. The sooner we detach ourselves from this pipe-dream the better it will be for everybody.

If you don't like the idea of committing yourself to the unknown, for 40, 50 or 60 years in advance, then Marriage is NOT the right option for you. Just DON'T UTTER THE WORDS "Till Death Do Us Apart" - Choose the civil union instead!

This proposal is truly the best way forward. It allows people to decide to which level of commitment they are willing to subject themselves. This Cohabitation law is by far the cleanest and fairest way forward for everybody.

Sciortino m

Mar 29th 2010, 19:05

"An authority would also be needed to decide on the custody of children born during cohabitation, if that union unravels." Presumably those in the 'civil union' can divorce when the union unravels!! Except we will not call it a divorce. By the way isn't the Court the proper body that regulates custody of children etc?

L.Farrugia

Mar 29th 2010, 19:01

It is good to hear what is the church opinion on this proposed law. Certain programmes on the local TV are already trying to push such legislation indirectly.

Eric Gahn

Mar 29th 2010, 18:55

@ Marie Galea I will believe we are in the 21st century when I see two same-sex people officially MARRIED, with an adopted child and with the knowledge that if thier union does not work they will be able to get a divorce.

Marie Galea

Mar 29th 2010, 16:53

Good to read that Malta's finally considering setting foot in the 21st century...

Peter Vella

Mar 29th 2010, 16:33

Why do people cohabit instead of getting married? Two main reasons - they are separated and cannot get married, or else one (or both) of the parties does not want the commitment that marriage brings. So why put in a law to regulate cohabitation? There would be no need for one if we introduce divorce. That removes the primary reason for cohabitation, and people can regulate their relationship as they should, by marriage, The second group want to avoid rules anyway so they will see how to avoid any cohabitation law. What a waste of time!

wally vella-zarb

Mar 29th 2010, 15:55

"...to register partners cohabiting in the same residence"

If they are 'cohabiting' then, by definition, they are living 'in the same residence'. No?

Sciortino M

Mar 29th 2010, 14:53

Marriage second class!!!

Joseph Calleja

Mar 29th 2010, 14:36

Cohabitation law: Does that include Gays and Lesbians? If two men or two women cohabit, would each fall under the same Cohabitation law? Can they call their cohabitation a civil union and be entitled to all benefits as specified under the Cohabitation Law? If the law is good for one it should also apply to the other. So what you are saying is Divorce is out of the question but you can move out of the house and cohabit, then join in a what you call a civil union, while still married, and life goes on. This sounds like a business preposition, a partnership of sorts an accommodation to receive benefits. (Unknown Father)?
I do believe that at least divorce will protect the kids, and the father and mother have to provide for their kids till they reach the age of 18. Why is Malta so afraid of DIVORCE? How can you be married with kids but at the same time be able to cohabit while still married? Divorce could be a good thing because it will give either spouse a chance for happiness.

Eli Rotello

Mar 29th 2010, 14:12

Definitely another nail in the coffin called marriage. What happens to those ex-spouses who were living from the maintenance grants of the ire newly-regulated former spouse?

I am sure that the church in Malta will not react; it won't do that cause it's a Christian Democrat Government... bet the PM and HE Archbishop have already met and agreed on the contents.

Edric Micallef Figallo

Mar 29th 2010, 14:11

What is the difference between this and (re)marriage insofar as rights and obligations are concerned? Tax is being made identical to that for married couples, succession law is affected, a widow's pension granted, and separations for people in civil unions (we might as well burden courts with a greater workload). Frankly, this sounds a lot like marriage without calling it so.

These are the suggestions of the public to a parliamentary committee, doesn't mean they'll be accepted and proposed as legislation in parliament. We'll see then.

emmanuel zammit

Mar 29th 2010, 14:06

the solution is only one divorce!!!

Lori Marchi

Mar 29th 2010, 13:52

why not introduce divorce then and make things easier?

S. Calleja

Mar 29th 2010, 13:46

Utterly ridiculous. This cohabitation law has another name: civil marriage. Only problem is: you cannot divorce if you get married. So we're only patching up things with this law. Because why get married then if cohabitating would offer the same advantages, without the obligations?

Christopher Pollard

Mar 29th 2010, 13:41

This raises more questions.
Does it apply only to heterosexuals?
Will it include non-Maltese people.
Will it be recognised in the rest of Europe?
As it stands it looks like a proposal designed to stop the authorities having to introduce divorce.

A.Gatt

Mar 29th 2010, 13:38

This is good news.........

Ivan Scicluna

Mar 29th 2010, 13:02

This is nothing short of divorce! Prosit GonziPN - divorce a la carte!