Divorce and the Church (1)

In Malta, a country unlike any other on planet earth, “divorce” and “annulment” are the two sides of the same face, their legal distinction notwithstanding.

Malta’s Marriage Act specifies the requirements for marriage, and in its unique way, includes the grounds for annulment, as per Article 19. As if that weren’t enough, Article 19A — Annulment of marriage on the grounds of non-consummation — was added by the PN government in 1995. It reads, “19A. (1) A valid marriage may be annulled...”

That’s quite an oddity. In the rest of the world, except in the Philippines and the Vatican, the legal termination of a valid marriage is called “divorce”.

As Humpty Dumpty would say, “When I use a word, it means just what I choose it to mean – neither more nor less.” I would think that a couple who find themselves in an untenable relationship would care less about how jurists or prelates refer to their desire to legally terminate their marital bond. Why should they care? Divorce, annulment, dissolution, termination ... they all mean the same: “I’m out of here!”

It isn’t likely that divorce legislation will be enacted any time soon. With the Prime Minister adamant that it won’t happen on his watch, it is very possible that divorce will not come to Malta for another decade or two, much to the great joy of the “divorce never!” fanatics who can’t keep their noses out of people’s intimate life.

In the absence of divorce legislation, if Romeo and Juliet find that their rose has wilted and feels like a thorn, they would do well to turn to Article 19A and claim non-consummation – regardless of how long their marriage had lasted or how amorous it was.

Before anyone waves the “perjury flag”, I suggest that they refer to the third paragraph of the Preamble to the Universal Declaration of Human Rights which states, in plain language: “Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law”. And we find, “If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offence.” – Catechism of the Catholic Church, 2383.

Thus, anything in the battle for personal freedom from the iron grip of a law, unwritten in the name of some mythical entity, is morally just.

Annulment lawyers, where are you?