Don’t divorce marriage from divorce
From time to time, the divorce issue comes to the forefront. As a society, we are still unsure whether or not we should introduce divorce in our statute books. This uncertainty may have originated from the fact that we are predominately Roman Catholic and the Church is dead set against divorce. However, in recent years, I feel the uncertainty is also derived from the fact that the number of those in favour of divorce and deem it beneficial to our society have increased dramatically. There are certainly social and political implications linked to the introduction of divorce in Malta and religion that cannot be ignored.
Advocates for divorce argue that divorce is found all over the world. This is of course a fact and as a small country we normally follow what other countries do. The natural question then is why should we not emulate the rest of the world and introduce divorce? I believe our reluctance is derived from the fact we are very well aware of what takes place in other countries and that most of these countries’ ills are derived from the fact that there is no strong social framework. The concept of a traditional family is no longer held in high esteem.
The Maltese still believe the nucleus of the family is extremely important. We still consider the fact that a family consisting of a married couple with children as the ideal state of affairs. Having said this, we are all well aware that Malta has its share of unsuccessful marriages and that people are finding solutions outside marriage. We are also all aware of family break ups. Most of us have friends or relatives who have faced this highly emotionally charged experience. As a lawyer, I have witnessed clients who go through a roller coaster of emotions. More often than not, both parties are shocked, feel betrayed, uncertain of the future for themselves and their children.
We do not live in a perfect society and we should definitely not sweep these problems under the carpet. Listening to certain cases one cannot but be compassionate and the last thing we need is politicians who bury their head in the sand and ignore the pain these people go through. However, politicians have another role and that is to plan for the future. Politicians are not only there for the five years they are elected for. Politicians have the power and the responsibility to shape the future during those five years.
How do we want to see society in 20 years’ time as a result of decisions taken today? What type of society will our children inherit?
Many political decisions, especially of a social nature, have influenced our way of life and our way of reasoning. Political decisions on social benefits, housing, education and health care have been taken decades ago and developed over time.
Hence, in the divorce debate, politicians must bear in mind not only the problems in marriages today but also how their decisions will influence society in 20 years time and beyond. Will children who are just starting school find a marriage friendly society or will they take up other trends prevalent in the world where marriage is an optional detail in a relationship?
I am a strong believer in the institution of marriage and I acknowledge we have left the foundation of marriage to the strong influence of the Catholic Church and other religions. Marriage should also be a social, political and economic institution. Marriage makes social and economic sense.
Are there any figures available on how much the state spends on marriage breakdowns? How much do we spend on social housing due to separations? How much do we spend on social assistance to separated wives and their children? How much do we spend on school facilitators for children distracted at school because of what is happening at home? All those who are separated or have had marriage problems aspire that their children would not go through the traumas they went through and would have happy marriages or relationships. How are we going to achieve this?
The debate on divorce should be a good opportunity to embark on a national project to promote strong marriages. Strong marriages do not mean they are perfect but marriages that can and will withstand the turbulence of life, something that does not exist today. We should influence future generations through education and state aid to organisations that promote strong marriages. A few weekly meetings at Cana prior to Roman Catholic marriages are not enough to prepare couples for marriage in a society assailed with other influences.
I consequently believe we should have a national debate on the institution of marriage and how we can offer society a better platform. Limiting the debate to divorce will certainly not achieve this. Let’s discuss marriage, without a priori excluding divorce. I am against a referendum because, basically, all that will be discussed and decided upon in a referendum is whether or not Malta should join the rest of the world and have divorce, without a concrete plan to promote strong marriages. If this were to happen, we would have lost a golden opportunity because reality dictates that once divorce is introduced politicians’ attention will be focused on the next issue.
Dr Mifsud is a member of the Nationalist Party’s executive committee.
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Joe Zammit
Mar 4th 2011, 16:34
The great majority of PN supporters are against divorce.
The great majority of PL supporters are against divorce.
The great majority of Maltese and Gozitans are against divorce.
All these majorities are positive people: in favour of the indissolubility of marriage.
Join in the battle between God and the devil! Fight the good fight! The victory is ours, it's already guaranteed!
Gerard Cassar
Dec 11th 2010, 16:32
Without divorce could it happen that one day Malta would be populated by more non married couples than married ones. But including single voters if a vote is taken the Church influence will still set the balance against divorce.
Wenzu Vella
Dec 11th 2010, 13:26
Dear Malcolm
Ommi kienet tghid iz-zwieg kaxxa maluqa meta tiftaha tkun taf xfija. And it is very true, many marry because they thought that their marriage will last till death do them part, but somewhere along the way problems arise and over time these problems become irreparable, and the only way for most is separation because their marriage has come to an end, for these people separation becomes permanent this is called divorce. Divorce in Malta is not available because the politicians are dictated to by the clergy which themselves are not married and they don’t need to divorce to leave the ministry and get married.
Joseph Calleja
Dec 11th 2010, 12:36
Dr Mifsud you can talk your head off about not allowing divorce in Malta. But even by any chance you are right and divorce is not allowed in Malta, can't you see what is happening? People, especially young people want to make up their own minds and as a result most men and women today are opting to cohabit in lieu of traditional marriage. Doesn't that tell you anything and doesn't the government see this? People today don't want to commit to long term relationships with a no way out. Almost fifty percent of men and women In Malta prefer to cohabit, isn't that proof enough. So do we prefer that men and women live together out of marriage than allow divorce to come into this island? The church and society itself cannot have the cake and eat it too, unheard off. So Dr Mifsud we have to make a decision, Divorce or Cohabit? To be honest I opt for divorce because at least there is some sort of commitment. Till death do us part is scaring a lot of people and so is for better and for worse. Facts are Facts.
William P Flynn
Dec 11th 2010, 12:07
Every country is a believer in the institution of marriage, motherhood and apple pie.
Every country in the world but two has divorce as a last resort for failed marriages.
The two countries which don't have the facility for divorce, have always had, have now and shall always have failed marriages; as do the other countries. This is irrespective of the church which, like everyone else, is totally powerless against a failed marriage.
So in these two countries, married spouses who can't live together any more, create their own type of unofficial divorce; the do-it-yourself divorce.
A few get church annulment if they are patient or rich or both.
So the lack of divorce law hasn't meant lack of divorce; just sand in the mouth, nostrils, eyes and hair.
John A. Azzopardi
Dec 11th 2010, 11:18
One sentence that glares out of your opinion is your question: "How do we want to see our society in 20 years' time .... ? "
Well, my friend, this is how I see our society in 20 years time:
1) The number of separations is increasing steadily and sometimes dramatically
2) The time will come when the ratio between 'legitimate' and 'illegitimate' children will
weigh in favour of the 'illegitimate'
3) These 'illegitimate' children will be the citizens and the future voters
4) The voters will have mostly other 'illegitimate' citizens to elect to parliament
5) Most of the MP's in Government and in the Opposition will be 'Illegitimate'
6) The logical result would be that they will legislate so that they become 'legitimate'
Definitions: 'legitimate' - being born to married heterosexual couples as known today
' illegitimate' - being born outside the 'wedlock' ( co-habiting, separated,
couples)
So why wait 20 years !
Joe Zammit
Dec 11th 2010, 09:25
Malcolm is right. Preparation for marriage should be taken seriously because marriage is for life and as such, it is a serious livelong commitment. There is still much room for improvement in this preparation. All those who can somehow help should not lag behind but come forward with their ideas, suggestions, funds, personal participation and not what.
Suggesting divorce is the worst step one can advise.