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Thursday, February 17, 2011, 08:37 by

Nikki Abela Mercieca

Divorce, separation and annulment

As the divorce debate rages on, Nikki Abela Mercieca hit the streets to establish if people understand the basic terminology and the difference between annulment, separation and divorce.

Karmenu Galea, 52, of Fgura

Divorce means your wife is not recognised as your wife anymore. Annulment means the marriage never existed and separation is when both parties go different ways and the situation is decided through court.

Italo Mizzi, 20, of Ħamrun and Chantelle Galea, 18, of Naxxar

With divorce you can remarry and with separation you can’t. With annulment you can remarry in Church.

Carmel Zammit, 68, of Żebbuġ

I don’t really understand or, rather, I’m not really interested. But I don’t agree with divorce. The difference between divorce and annulment is that one is through the Church and the other through the court. With annulment you can remarry but with divorce you still have many problems.

Martha Azzoppardi, 21, of Naxxar

Divorce is when you separate from your partner and everything is final in terms of documentation. Annulment I’d assume is the annulment of all the papers soon after the marriage and separation is when you’re not divorced as such but there’s still some link between the two.

Matthew Fenech Farrugia, 18, of Buġibba with Dario Galea, 21, of Dingli

Divorce is by law, separation is when a couple is married and then splits but we don’t know what annulment is.

Maria Vella, 45, of Buġibba and Yanika Portelli, 18, also of Buġibba

Separation is when you are not living with your husband. Annulment means the marriage never happened and divorce is when you can marry another person.

Fr Ivan Sant, 32, of Birkirkara

Divorce separates husband from wife. Annulment says the marriage never existed and separation is the same as divorce but divorce is more official.

Natasha Galea, 34, of Tarxien

Divorce dissolves marriage between husband and wife. Separation is via the courts and God only knows when you will get it and annulment is through the Church.

Julie Balzan, 67, of Valletta

I had a happy marriage and am now a widow. The problem with cohabitation is that it is not allowed by the Church and it is up to them if those living in such a state choose to live in sin. I lately heard someone explain the difference between divorce, annulment and separation on television. With annulment, people can get re-married in Church. Separation can be authorised by the courts but I know nothing about divorce. I heard that when it was introduced in countries it was a disaster for families. However, having said that, there are families which have broken down here.

Lorraine Attard, 40, of Swieqi

Separation is when two people will have separated but still deal with each other, in terms of property. Divorce is when they don’t have anything to do with one another and annulment is when the marriage never happened.

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R.Attard

Feb 19th 2011, 12:11

being discriminate arnt we ?? every1 has the right to vote... basta hafna talk

Andy Farrugia

Feb 19th 2011, 13:17

@ Robert Agius

I am particularly impressed by your highly selective notions of "democracy".

Robert Agius

Feb 19th 2011, 21:37

discrimination? I'm not imposing on anyone. Those against divorce can stay away from it. Alcohol is legal, it's up to you whether you want to drink it or not.

And what about discrimination of those not able to afford a divorce....not so democratic either is it? Want me to give you a whole list of time I have been discriminated against, mostly by those who think they're holier than thou? What is so democratic about someone else imposing their belief on you without actual FACTS? let me remind you both that Malta is a republic. Hence, minorities wishes are to be respected if they do not impose upon the rest.
A republic and a democracy are identical in every aspect except one. In a republic the sovereignty is in each individual person. In a democracy the sovereignty is in the group.



isabelle borg

Feb 18th 2011, 12:06

L-ewwel nies naqbel mieghek li biex sacerdot mandux idea fuq id differenza hija haga gravi imma nahseb ghandek zball zghir meta tghid li d divorzju qisu qatt ma kien.

Sa fejn naf jien meta tiehu l annullament qisu z zwieg qatt ma kien, meta tiddivorzja tkun rikonoxxut li int darba kont mizzewweg, iz zwieg ma hadimx u hekk ghandek id dritt li terga tizzewweg.

Plus li jien naqbel mad divorzju u ma naqbilx ma l annullament ghax x'igifieri lili tigi tghidli li z zwieg tieghi qatt ma kien? Mela x'inhuma dawk is snin kolla li l koppja tqatta flimkien?! U t tfal? It-tfal illegittimi mela la twieldu fi zwieg null?! U l missier huwa obbligat li jkompli jmantni lil uliedu anke wara li jghalqu t tmintax u ghadhom jghixu d dar m'ommhom? Ghax jekk le ara x'piz zejjed u INGUST jaqa fuq l omm li trid tghajjex it tfal bil konsegwenza li ma tghixx hajjitha waqt li l missier jista jitbahrat u jibni hajja gidia kif irid minghajr responsabbilta ta xejn!

P. Borg

Feb 18th 2011, 10:55

Sur Farrugia, dak li temmen fih int u tiehdu b'ghajnejk maghluqa, tapplikahx ghal haddiehor. Min qieghed jigi imsawwat kuljum u ma jista jaghmel xejn hlief jibqa jaqla go fih, jigi jaqa u jqum minn dak li inkiteb ghax finalment filghaxija ma jistax ipoggi rasu fuq l-imhadda u jistrieh u johlom bhalek. Hemm differenza kbira bejn xi hadd li jbati ghax mizzewweg u xi hadd li qieghed tajjeb. Halluhom in-nies jaraw huma xinhu tajjeb ghalihom. Emmen li trid u lil haddiehor hallih jemmen li jrid.

Lili tigix tghidli x'jigri wara il-mewt u paroli iehor. Dak temmen bih int. Qatt ma gie hadd lura u qalilna x'sab meta miet mela jekk joghgbok hallina nahsbu b'mohhna. Ghalhekk ghandna mohh u mhux biex jigi xi hadd ibellalna li jidhirlu hu. Kieku id-divorzju hu daqshekk dnub skond kif tghidu mela anke l-annullament huwa dnub ghax dak li jinghaqad minn alla ma jhollu hadd tghidu. Mela allura kif il-knisja thollu fejn jaqblila? Taf xi trid tghid, li l-unika raguni ghalfejn il-knisja ma tridx id-divorzju huwa ghaliex jonqsulha il-flus gejjin mill-annullamenti. Dik hi il-verita u hallina mid-dnub. Nafuha l-istorja tad-dnub il-mejjet bizzejjed. Min hu kontra id-divorzju huwa egoist u jghid "La tajjeb jien, tajjeb kulhadd" Dak dnub!

Joseph Carmel Chetcuti

Feb 18th 2011, 06:15

Cry! This is the kind of ignornance that pervaded the country in my childhood. This is how the professionals, the educated, the well-connected, the wealthy and the clerics left generations of Maltese. People who lack a basic education can be easily exploited. Sadly, as I have repeatedly said, there are a couple of lost generations of Maltese. What we just witnessed is a case against themajority telling the minority how they should conduct their lives. Thank God for the internet.

Joe Grima Brussels

Feb 17th 2011, 20:32

TERRIFIC, so according to YOU, those who live faithfully all their lives, dedicated to their loved one, and their children, are IDIOTS. While those who abandon family and kids, are unfaithful, use violence, and cause trouble are the wise ones. Only the bright geniuses want divorce, because they know better, it seems. Keep it up, you are VERY convincing. By your comments I believe that you have won over thousands who were undecided!

J Gatt

Feb 18th 2011, 01:41

@joe grima brussels
While those who abandon family and kids, are unfaithful, use violence, and cause trouble are the wise ones. Only the bright geniuses want divorce, because they know better, it seems. Keep it up, you are VERY convincing

So you want these bright geniuses attached together till death us do part.
Maybe Sybil Wrights was right after all. Some Genius.

J Gatt

Feb 18th 2011, 01:42

@joe grima brussels
While those who abandon family and kids, are unfaithful, use violence, and cause trouble are the wise ones. Only the bright geniuses want divorce, because they know better, it seems. Keep it up, you are VERY convincing

So you want these bright geniuses attached together till death us do part.
Maybe Sybil Wrights was right after all. Some Genius.

sybil wrights

Feb 18th 2011, 09:51

@Joe Grima - No, but people who have already decided how they are voting on something that they themselves have admitted they know nothing about are idiots. Btw like how you've lumped everyone together in one big stereotype. How could we have missed the obvious fact that all people whose marriage breaks down are violent cheaters who abandon their children.

I may not have won over the thousands, but you sure helped me - thanks!

Kevin Cassar

Feb 19th 2011, 01:30

@ Joe Grima Brussels

Who told you that those who live faithfully all their lives, dedicated to their loved one, and their children, are all against the legislation for divorce??? I happen to be one of those who have lived faithfully and am dedicated to my wife and son but I also have a thing called empathy which you obviously lack. It makes you feel sorry for those who were less fortunate than yourself and wish them the same happiness that you have. You should be ashamed of yourself.

Joe Grima Brussels

Feb 17th 2011, 20:26

Mr Calleja You keep repeating the same errors, endlessly!! You hope that one day, they will become truth. 'Annulment is what I call...' At least you have the decency(?) to ADMIT that it's YOUR idea, albeit as usual, incorrect!
'...as if (marriage) never happened.' ONLY where there is an AUTHENTIC case is annulment given. ONLY were there is CLEAR EVIDENCE that there was betrayal, use of force, or some other cheating BEFORE the marriage does the church declair a marriage as null. Just like a court will declare ANY contract as NULL if enough evidence is brought showing foul play BEFORE the signiture. But it seems that, as usual, foul play does not trouble you the least. Or more probably, your hidden agenda is a campaign to smear the church.
And to add insult to injury, YOU are one of the VERY FEW contributors to use the words 'illegitimate' and 'bastards'. I don't think that these children's parents are very amused by your insults. Speaks volumes of how convincing your ideas are, and your character! I hope that you will have the decency of apologising to such children who have read your comments.

D Pace

Feb 17th 2011, 21:26

... please note that an annulment is not necessarily through the church. One can have a civil annulment which is not recognised by the church, meaning that civilly the marriage never happened but in the church's eyes it did. Divorce allows you to remarry civilly but not in church. A church annulment accompanied by a civil annulment means you can remarry both civilly and through the church...

victor pulis

Feb 17th 2011, 20:04

God gave the order to be 'fruitful and multiply to all his living creations including the beasts of the field, the fish and the fowl of the air but he didn't tell them to get married!
You say
'God He did not..say that this is for..Christians/Catholics only, but for all !!'
then you write
"That a person who was married in Christian/Catholic Church, one must understand what is the Christian meaning of marriage,"
The church has every right to reject divorce but it has no right to impose its doctrine on other faiths or on atheists and non believers.

V.Briffa

Feb 17th 2011, 15:58

Still they are siblings of a broken family, anzi worst a family that never existed! Personally I see no difference between the three as all get couple's split!

If the church cries so hard that what is bound infront of God no one can split if not death, so how they manage to creed annulment, is it not given by mortals aswell? What is the difference between Kuria's court and the Civil?

It make more sense to teach couples what means to have a relationship [not waste time just experimenting sex or work their lives out to buy property] before marriage! I guess it will save a lot of hassles in the future! Lets face it a good percentage of splits are because they have not enjoyed their youth or felt to be in a cage ... and most start because they can not reach agreements!

So please enlighten me as I feel ignorant and mixed up on this matter!

victor pulis

Feb 17th 2011, 16:57

Children born out of a marriage that never existed are born out of wedlock. Perhaps in the eyes of the state they are not considered as illegitimate as it should be but in the eyes of the church they are. The church can't have the cake and eat it too. Just because it says they're legitimate doesn't make them so.

J Gatt

Feb 17th 2011, 18:05

Strangely enough but good news for the kids they are not considered as illegitmate!

Parents marriage Annulled, did not exist, Kaput.
Offsprings to unwed Parent.

What can one say,, another mystery??

wally vella-zarb

Feb 17th 2011, 16:27

That is precisely why they say that "The victory is 'ours'. " That has always been the way and some people, for reasons that are not too difficult to guess, still want to perpetuate the status quo.

P. Borg

Feb 18th 2011, 07:20

Yes true, "the victory is ours and this is the battle between evil and god". Practically the victory of ignorance and the battle between those who suffer and idiots I must say. Thanks to this ignorance people suffering will continue to do it left right and center.

And by the way to those that say that divorce gives the right to a violent husbands to re-marry and do it again I must make them remember that even annullment does. Therefore who is granted annullment on the grounds of violence against his wife is again given the opportunity to do the same with another prospective wife with the blessing of the church.

Paul Barrett

Feb 17th 2011, 23:09

Amendment: Under "Annulment" - In legal terms the children do not become illegitimate, irrespective of the fact that the marriage did not exist according to both the Church and the State. It appears that according to common law, what did exist didn't actually exist even though it did exist.

Joe Grima Brussels

Feb 17th 2011, 10:58

M Mifsud. First of all, YOU are calling these children 'illegitimate'. Someone else, another pro-divorce campaigner of course, a couple of days ago, referred to them by a more inhuman name! Every case of annulment has it's story. A lot depends on WHO cheated, betrayed, used pressure, etc, BEFORE the marriage took place. I don't think that the parents of such children consider them as such! I tend to be corrected, but I believe that the children go with the innocent person. The children don't have to suffer the treachery of the culprit. Neither do they deserve to be called degrading names by the pro-divorce campaigners, for their personal advantage!
In a civil contract, when someone who signed a big deal finds that he had been cheated, a contract is declared null, and the victim gets compensated.

R. Azzopardi

Feb 17th 2011, 11:08

Very good point! Never looked at it in this way. Hallejtni bla kliem. I think you're totally right

K. Fenech

Feb 17th 2011, 11:28

Well said.

M Pace

Feb 17th 2011, 12:14

Yes the children become illegitimate that is they were born out of wedlock because their parents marriage had never happened. In this case for the children divorce is preferable to annulment.

Mike F Abbot

Feb 17th 2011, 12:15

i really wish someone would... all these arguments about divorce breaking up families and absolutely NO condemnation of annulment simply points back to irrational thought surrounding anything to do with religion.

If the argument is about families and the welfare of children, and we vote to continue to ban divorce we should also, then, ban annulment. Either that or people should drop that particular argument and revert to the pathetic 'because God said so' line.

edwin formosa

Feb 17th 2011, 12:22

NO

Rob Grech

Feb 17th 2011, 12:27

How can we expect that the people will make the right choice if most of the replies show that most do not have a clear understanding of the difference between separation, divorce and annulment ?

Cassar V

Feb 17th 2011, 12:41

Annulment states that the marriage bond is never exsisted. The bond is not just simply living under one roof and having sex to put it bluntly. We have such couples as described in the latter who are far from being a couple let alone married. Children are the product of a family however one must say nowadays it is being defined as the product of a ZBALL! Children are always children and should be respected as so whatever the relationship of their parents. The relationship of parents may be terminated/ cancelled/ changed whatever but if children are in the equation arrangements are to be done to have them growing up in love (U MHUX TAHWID) to become adults of our tomorrow's society.

M Pace

Feb 17th 2011, 13:13

Yes children become illegitimate that is they were born out of wedlock. So for the children's sake as in both cases the parents will be separated divorce is better than annulment.

Alexia Farrugia

Feb 17th 2011, 14:11

Following an annulment, the children are not considered to be illegitimate and this safeguard results from the Marriage Act which was enacted in 1975.

mark johnson

Feb 17th 2011, 16:23

Maltese law considers them born within a valid marriage because at the time of birth the parents were married even though it was later annulled. Its called a legal fiction. You can look up the laws of malta on the gov.mt website. I personally think that they should stop annulments for couples who have children and bring in divorce for them. Either way the kids are left with a broken home what ever you call it.

Joe Grima Brussels

Feb 17th 2011, 16:27

M Mifsud. It is YOU who are calling these children 'illegitimate', as I don't believe that their parents treat them that way. Another pro-divorce campaigner, a couple of days ago, called them by a more offensive name, obviously to his advantage, as you are doing today. Every annulment case is taken individually, and I believe the children go with the victim of the cheat/betrayal/etc.
In civil contracts, when a party claims in court that there was some fraud/force/cheating, the courts annul the contract, and judge in favour of the victim.
Couples who married in a civil way, who have children, and file for annulment, don't consider their children the way YOU do.

Geoffrey Mifsud Farrugia

Feb 17th 2011, 17:28

The children of an annulled couple are not effected with the annullment, meaning that they are legitimate children of that union with hereditary rights too.

Your question is however very pertinent, in that annullment also attacks the very fundamental christian principle that the no to divorce movement mention so many times..this being, what God united, humans cannot divide. An annullment in essence is nothing else but the complete dissolution, granted by humans, to what God has united in a sacrament. In Church terms it is called an annullment, in truth it has been used a million times as a scapegoat and in alternative of divorce.

So many priests have also had their sacramental union with God dissolved and so many of them have also got married.

The truth is that even maltese couples can get divorced and in reality it is really very easy. But you need money to do it and the knowledge of how it can be done..legally..so in reality, divorce is freely and already available for some of us..just the rich ones though.

Dimech D

Feb 17th 2011, 19:53

Did it ever occur to you that a child is better off in a seperated, divorced or annulled family rather than in an environment of violence, continuous quarrels etc?!! Kids don't care if they're called legitimate or illegitimate! Kids just wanna be happy and even if it IS heartbreaking to live in a broken family it is much more heartbreaking when the family does NOT feel like a family! Did it ever occur to anyone that 1) with annulment you are passing on the msg to your kid that you want your marriage to have never happened (which if you're not careful can seem as though you never wanted your kid to happen either)? 2) with seperation you are teaching your kid that when the worst comes to the worst you have to leave violence behind but shouldn't live happy because in this one life that we live we can only choose to be loved once (and thus making your kid not want to try the wonders of marriage for fear of failing)? 3) that with divorce you are only teaching your kid that everyone makes mistakes but every human has the right to try and find love again??

Joseph Carmel Chetcuti

Feb 18th 2011, 00:49

And did the pretend husband and pretend wife commit a mortal sin for indulging in the sexual pleasures of life? Are they going to hell, I ask? And is there fire in hell? And will Satan be there with the welcome matt? All these questions are the outcome of a theology we should take very seriously .... really! If there is a God, up there, down there or wherever he or she or it is, this God must be having a good laugh.

edwin formosa

Feb 17th 2011, 12:41

La nghixu f'socjeta u mhux f'eremitagg kull dritt ta wiehed jispicca meta jibda dritt ta xi hadd iehor. Zwieg infelici ghandu l-kawza tieghu. Zwieg qatt ma jirnexxi b'kumbinazzjoni. Jirnexxi ghax it-tnejn jinteresshom li jirnexxi. U lanqas ifalli b'kumbinazzjoni. Ifalli ghax xi hadd , jew it-tnejn, abbuza. In-Nisrani veru jemmen fis-sagaramenti u l-ghajnuna ta Alla. Jaf li zwieg hu permanenti u jipprepara ruhu sewwa, izomm kelmtu fil-wegheda li ghamel u jevita l-okkazzjoni ta tradiment, infedelta u adulterju. Il-principji m'ghandhomx epoka . Jghoddu ghal dejjem anki ghas-sena 2011. Josservhom biss min ghandu sinsla. Ghal qasba tperper kull rih jghodd. Nghazel skond l-egoizmu tieghi. Kollox tajjeb sa kemm materjalment jaqbilli. Nintarabat rabta coff u mela ghoqda ghal dejjem ! Disposable........delete.........

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