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Is divorce the answer?

Malta, it seems, is about to make a decision that Ireland made 16 years ago, namely whether or not to permit separated couples to divorce and, consequently, to remarry.

I propose to do two things in this article. The first is to set out what has happened in Ireland since we introduced divorce in the 1990s. The second is to test the sincerity of pro-divorce advocates with regard to marriage, that is, are they really as pro-marriage as they say they are?

Although Ireland voted in 1995 by the narrowest of margins (0.7 per cent) to introduce divorce, a law to permit divorce was not passed until 1997. The previous year, a national census was conducted.

At that time, there were 94,433 separated people in the country. Census 2006, exactly 10 years later, revealed there were now 198,592 separated or divorced people in Ireland. That is an increase of more than 100 per cent in just a decade.

This increase cannot in fairness be blamed purely on the introduction of divorce. Marriage separation was already a reality in Ireland. But the introduction of divorce sent out a very powerful and important signal, namely that marriage, as traditionally understood, was simply one lifestyle choice among others.

Indeed, in a certain sense, marriage as traditionally understood no longer existed because, as traditionally understood, marriage was permanent and irrevocable. Now, overnight, it could be revoked by either spouse, unilaterally and, in practice, for any reason whatsoever.

Suddenly every marriage in Ireland could be legally terminated, like it or not. A marriage contract that was permanent and irrevocable was no longer an option. Thus, everyone in Ireland who was married was now in a different kind of marriage, legally speaking, and many Irish people since then have been divorced against their will. It is harder to cancel a hire purchase contract than a marriage contract.

Therefore, those who say the introduction of divorce will not affect those who don’t want to divorce are wrong. It changes the nature of marriage for everyone and makes victims of those who are divorced against their will.

One of the arguments used by divorce advocates in Ireland was that permitting divorce would make cohabitation rarer. If couples could not divorce and remarry, instead they would live together without marrying, which would drive up the rate of cohabitation. Allow them to marry, they reasoned, and fewer would cohabit.

In 1986, cohabitation was so rare in Ireland it wasn’t even recorded. In 1996, 31,298 couples were cohabiting. By 2006, this had sky-rocketed to 121,763 couples, a 400 per cent increase in 10 years.

Whatever else divorce did, therefore, it certainly didn’t reduce the cohabitation rate. Cohabitation in Ireland is now more common than in America and only somewhat less common than in Britain.

Divorce and cohabitation actually spring from the same underlying mentality, namely one that puts personal freedom and personal happiness first. To marry without first cohabiting indicates a basic commitment to commitment. It’s no wonder people who cohabit first are about 25 per cent more likely to divorce later than those who don’t first cohabit, according to American figures.

This same philosophy of individualism that is behind the drive for divorce and the increase in cohabitation is also behind the huge increase in the number of children born outside marriage in Ireland as elsewhere.

That figure now stands at one in three of all births. The number of Irish children being raised outside the marital family is 26 per cent and that has more than doubled since 1986. So long as we think it is a good idea, in general, for a child to have both a mother and a father who are married to one another, we should be extremely worried by these figures.

Incidentally, Ireland has just legalised civil partnerships for same-sex couples and a debate about allowing same-sex marriage is well and truly underway, as is a debate about giving same-sex couples an equal right to adopt children.

If and when this happens, Ireland will have erased from law and social policy any notion that children have a right to a mother and a father, where possible.

What is more, those who assert that, ideally, a child should have a married mother and father are now regularly denounced as “bigots” and “homophobes”.

This brings me to my second point, namely that if those who are pro-divorce are actually pro-marriage (which is why, as they say, they want to give people the right to divorce and remarry) then what do they intend doing to strengthen the institution of marriage? What are their proposals?

The fact is that rising individualism has enormously weakened marriage as shown by rising divorce and separation, rising cohabitation and the rising number of out-of-wedlock births.

People marry because they love one another but marriage is given special status mainly because society has an interest in encouraging men and women to raise their own children. Marriage, as the evidence shows, is the most pro-child of all social institutions.

But it is an institution that is in trouble. Will Malta’s pro-divorce advocates support policies aimed at promoting marriage? Will they support social marketing campaigns extolling the benefits of marriage and discouraging cohabitation?

Will they state publicly that it’s better on average for children to have a married mother and father? I stress “on average” because, obviously, there will be some bad married parents.

Will they publicly declare against same-sex marriage, which totally compromises the message that marriage as a social institution is primarily aimed at encouraging mothers and fathers to raise their children?

Will they put all of this now before considering the introduction of divorce?

Or will, in fact, what happened in Ireland happen also in Malta, namely that the same people who campaigned for divorce in time will campaign in favour of everything else that has chopped away at the special status of marriage that has reduced it to one more lifestyle choice?

Those campaigning for divorce should therefore put all their cards on the table now or else Maltese can logically conclude that for all their talk they don’t really value marriage at all, except as a purely individual choice of no special social significance and that those who are campaigning against divorce are its true custodians.

The author is a columnist with The Irish Independent and director of The Iona Institute, a pro-marriage organisation.

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Sabrina Borda

Mar 21st 2011, 19:18

He lost to the Yes vote to divorce in Ireland, now he wants to campaign here. Ireland has divorce for good reasons. Their answer should have at least taught him a good lesson on the way society evolves forward not backwards.

Stephen Vella

Mar 21st 2011, 19:23

Bdejt il-kumment tieghek b'argument vera validu ta!! Ghax David Quinn qed jitkellem fuq id-divorzju f'pajjizu, xi hadd minn Malta ma jistax jikkontradixxih. Prosit, mela jekk xi hadd minn barra jitkellem fuq l-abort irridu nemmuh u nisimghu minnu ghax ikun jaf x'qed jghid u ahna f'Malta le. Ara min qed jindahal fil hajja ta haddiehor ukoll!!

Ramon Casha

Mar 22nd 2011, 06:23

Not only did I read the whole question but I responded to it too. Marriage as it is in Malta right now is not a permanent bond. People do end their marriages, sometimes for what seem to be frivolous reasons. Men and women leave their spouses and move in with someone else, often raising a family with their new partner. Whether they had good reasons or not, whether they are the "guilty party" or not, their marriage ended - without divorce.

All that remains is a certificate insisting otherwise, but nobody takes that certificate seriously when they know that the "spouses" are not married in any practical sense. Thus there is a conflict between the state's records and reality.

Divorce does not change the perception of marriage, nor does it change its meaning since, in reality, people judge a marriage not by the presence of a certificate but by what is actually happening.

Divorce allows the state to update its records to reflect the real situation that these people are living. It allows the new state of affairs to be formally recognised as fact.

Joseph Meli

Mar 21st 2011, 15:53

With divorce being introduced in Malta as that of Ireland, then the burden of proof rests not with those who defend marriage as currently defined, but with those who would change the definition, possibly radically. Mr..Dan Cere, a Canadian philosopher, highlights the view of the family that is taking shape among family lawyers and others. This view had taken shape in Ireland as well this might happen also in Malta? So as one sees these facts around us, with this view in mind, such as the family diversity view, argues for creating an equivalence between cohabitation and marriage. So Cere said, and he tried to argue the above, as what is missing with divorce from this new view of marriage and family are the children, and how children should benefit from having a socially supported form of relationship that publicly commits both of the biological...parents of a child to his or her welfare. Otherwise, as Criminologist Dr. Patricia...Morgan she discovered a clear...link between the braking-up of families and criminality. In her National Development Study held..at...U.K. & USA years 1975 on 18,000 young children..."before they became sixteen...years, the majority had already appeared before the court for some criminal...offense."

C Cini

Mar 21st 2011, 15:53

I wish to give you an answer, please put it on the web. The reason for the increase of births are out of wed lock was primarily welfare. Our state give prices of money to those who have children out of wed lock. The same money given from those who pay taxes and have children within their wed lock.

Joseph Meli

Mar 21st 2011, 16:30

@M.Sciortino:::I am quoting some local statistic that was given in the year 2007 by NSO "Lifestyle survey", which found that 88% of people in current relationships (the majority of whom are married) said that they were “satisfied and very satisfied” in their relationship, and only 3.2% said that they were “dissatisfied or very dissatisfied” in their relationship and that is a very small percentage rate compared with others.

If one was to be asked as to whether there are other more recent statistics which would shed further light into whether successful marriages in Malta are on the rise or on the decline, then result would be much higher than 88% as marriages courses are becoming much better than those performed some years ago.

These present factors and new developments helped those involved as to get better prepared in marriage life. One other factor that might have been missed is the factor of (a) forgiveness and (b) lack of time in finding enough time so as to pray or be closer to God, as these two points could have played part of the major factor to the local marriage brake-downs.

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