Four-year separation ‘clear’ under proposed divorce Bill

Gabriel Cassar Torregiani

Mar 29th 2011, 09:53

Can someone kindly clearly define the word 'Separation' as used in the divorce bill?

Claude Lacoste

Mar 28th 2011, 21:22

Children always remain the responsibility of their biological parents irrespective of whether those parents are living together, apart or with other partners.

In the absence of agreement of parents on the terms of the divorce, the court will take a decision based on what is in the best interest of the child,concerning their care and custody. For maintenance, the court looks at the income of the parents who are bound to give maintenance and the needs of the child receiving the same and decides on maintenance accordingly.

MBorg

Mar 28th 2011, 20:03

When speaking about the divorce question Dr Tufigno said that Irish divorce gave weight to the standard of living of the people concerned and the income derived by third persons in the second marriage when maintenance was calculated . Why were these two elements were left out of the Divorce Bill if it used the Irish law as a model . Dr Tufigno and Dr Dingli questioned the safeguards for children in the Divorce Bill and said the court was not obliged to guarantee maintenance, custody and access to children. The fulcrum of the Bill is to safguard the rights of the couple and not the children according to Dr.Tufigno.Why was this not added to the referendum question? Dr Dingli disputed the word guarantee in the referendum question since the law only spoke of " adequate maintenance." Not only that , but maintenance could not be guaranteed because a divorced person who remarried lost the right to maintenance from the first marriage. We have been presented with a loaded dishonest referendum question and no one is explaining the whole Divorce law. People shold take care before voting yes , that yes can ruin your life and the life of others.

H Saliba

Mar 28th 2011, 17:43

BORING , GET A LIFE

Joe Zammit

Mar 28th 2011, 16:39

Legislating in favour of divorce is grave sin that separates the offender from God and puts him or her on the path to hell.

Legislating in favour of divorce is legislating in favour of evil, condemned by God.

Legislating in favour of divorce is betraying God who tells us that what he has joined together let no man put asunder!

Legislating in favour of divorce is a diabolical step that pleases only the devil.

Legislating in favour of divorce makes you responsible before God for the grave sins others will commit on account of your sinful and evil legislation.

Join in the battle between God and the devil! Fight the good fight! The victory is ours, it’s already guaranteed!

MBorg

Mar 28th 2011, 14:15

Why is it that according to the pro-divorce movement everybody, including well known lawyers, is trying to mislead people ?

Why is it that the pro-divorce movement after propossing such a misleading , loaded referendum question think that they are the ones we must believe ?

Do they really think that people cannot read between the line ? Why keep saying that maintenance is guaranteed , when we all know that it is not so ? Who is trying to mislead now ?

JPO when asked about maintenance said it " guaranteed of the right to maintenance, not a guarantee of payment." If he knows that, why did he not put the above sentence in the referendum question ? Why not add that a wife would have to fight it out in court ?

As for the four years separation, we all know that this can be changed by a simple vote in parliament , not only that but as Dr Dingli said if couples filed for divorce by mutual consent the four years separation was not even needed. Without knowing we would have a responsible divorce were couples can file for divorce after a few weeks of marriage.

Dr. John Zammit

Mar 28th 2011, 13:19

Many were asking from where do they get the canvas "Divorce Bags". They can be obtained from Alleanza Liberali at 60A, Strait Street, Valletta (on top of CNI office) on Saturdays from 10 a.m. onwards or by e-mailing to mail@john-zammit.eu . Several persons have already obtained a bag and are campaigning through the streets. The campaign has been done in Valletta, Senglea, Cospicua and Kalkara. Tomorrow morning it is going to be at Vittoriosa open market.

jane camilleri haber

Mar 28th 2011, 13:10

the law at present in the case of separaton and annullment does not guarantee any maintenance so it is up to the one seeking divorce( presumably the breadwinner cause the dependent will think twice before seeking to divorce a husband on whom she is dependent ) to have enough means to give maintenance to his wife and offspring while at the same time meditating another marriage with therefore double the dependents and expenses. if the breadwinner is ordered by law to pass on an amount to his dependents of the first marriage, the mentioning of a second marriage is enough to compel the court to reconsider the amount allotted to the first wife and children in favour of the second wife and children. divorce will therefore create second class families, wives and children. in the case of the four years we know how things run, first it is 4 years then a few years later it will be reduced until time will not feature anymore. so the question as it is is meant to placate the conscience of him who would think twice to scrible the yes vote but in fact it does not bind anything conditionally

Dr. John Zammit

Mar 28th 2011, 12:56

I have noticed that both at the conference organised by the anti-divorce group and in the Gozo church where Gozo Bishop Mario Grech talked against divorce there were only those few old men, women and nuns and priests who most of them do not need a divorce or are not passing through a separation. So who cares what these persons say if they don't have the problems themselves! I am going to vote yes for divorce and you too!

Claude Lacoste

Mar 28th 2011, 11:42

Every person must be able judging knowingly and following his conscience : this is called the free will.
So, the separated couples should be able decide, freely, of divorcing or not . It is a private life question which only possible if divorce's law exists.

joseph grech

Mar 28th 2011, 11:01

We should avoid the issue of divorce for something we already have and which is acceptable to all, including bigots.

The government should finance those who really cannot afford it (means testing) to get a divorce overseas which will eventually be accepted here. How about that?

Joseph Calleja

Mar 28th 2011, 10:31

So in reality what the anti divorce movement is saying is, A man and a woman break up, and go their separate ways. Whilst filing for divorce and waiting for the four years or so most would cohabit while conveniently waiting for the divorce to go through..A Man and a woman know exactly when the marriage becomes a failure, which unfortunately sometimes happens. So one year-four years is not going to make much much difference as a matter of fact if the couple remain married and cohabit, they will do more damage. Divorce is not a matter of convenience but a necessity. Let us stop playing games and call a spade a spade, nothing else. The question should be. DO YOU AGREE WITH DIVORCE OR NOT? Why do we keep going around in circles? Why all the hassle and the confusion? Why is it that we have to make conditions? Does anybody really thing that four years of waiting is going to make a difference? I doubt it very much. That is procrastinating and that is not healthy.

Joe Zammit

Mar 28th 2011, 10:24

Conscience is reasoning.

No conscience can contradict the express and clear words of Christ about the evil of divorce: What God has joined together let no man put asunder! No conscience can genuinely go against this clear commandment of Christ on the necessity of the indissolubility of marriage and the intrinsic evil of divorce.

A conscience that suggests divorce to anyone is diabolical. The devil is pleased with divorce. God does not want divorce. This is the clear teaching of Christ and the infallible teaching of the Catholic Church.

If your conscience tells you something against the infallible teaching of the one holy Catholic and Apostolic Church, do not follow your conscience. Your conscience is not infallible. Your conscience is subject to the teaching of Christ and his Church.

If you follow your conscience in disagreement with the Church, you are grievously stubborn and proud. Your stubbornness and pride will lead you only to hell. All those in hell appeal to their conscience for being there ... for ever... without any hope of redemption... there for ever!

Conscience is reasoning!

Joe Zammit

Mar 28th 2011, 10:23

There can never be a responsible divorce. Divorce of any kind is evil, condemned by God for our own good.

We do not want divorce, any divorce. The great majority of Maltese and Gozitans want no form of divorce; so the vast majority will say NO to divorce.

It is a devilish deceit to try to qualify divorce. Divorce is the dissolution of a validly contracted marriage by a human person. No human person has the power, let alone the right, to dissolve a valid marriage.

A big NO to divorce; YES to 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!

Dr Francis Saliba

Mar 28th 2011, 10:23

The bill is undeniably deceptive when it pretends to offer guarantees that are no genuine guarantees at all, namely the "four year" waiting period and the payment of maintenance.

The four year waiting period can be easily reduced later to vanishing point converting it into an unabashed version of the Nevada type easy divorce.

The only way the payment of maintenance can be "guaranteed" would be to transfer that onus from the person sentenced by the court to all taxpayers in general. That destroys the pretence that divorce is a private matter between the divorcing couple and that it does not adversely affect society as a whole.