Debate should move to best divorce law

I don’t understand all the fuss that is being made about the introduction of divorce. First of all I believe that in this day and age we should have learnt to discuss matters on a mature level free from political mileage and religious clout. Secondly, Malta has recognised foreign divorces for a considerable number of years as per Section 33 of the Marriage Act. Through this section a divorce given by a competent court of any country in which either of the parties to the proceedings is domiciled or of which either of such parties is a citizen shall be recognised for all purposes of law in Malta. Moreover, through EC regulation 2201/2003, judgements relating to matrimonial matters including divorce given in any member state are to be recognised in other member states without adopting special procedures. This regulation became part of Maltese law effectively when Malta became part of the EU.

Therefore, my question is: Aren’t we hiding behind the bush by not having our own legislation regulating divorce? Aren’t we creating a form of social injustice by not having our law? As the law stands today Maltese people who are capable of obtaining a foreign divorce can regularise their position without major difficulties. For obvious reasons, especially financial ones, many Maltese people cannot do this. This doesn’t mean that their marriages break down less and it doesn’t mean that they don’t enter into other relationships. It actually means that we have many families living together who wish to regularise their position but cannot do so and thus are in a situation that gives them no form of protection at law.

It’s high time that rather than wasting time on futile discussions we should consider the common good and engage ourselves in a serious open debate where we consider the best divorce legislation which could be adopted in Malta.