Marriages and separations up

With just 13 days to the divorce referendum, Kurt Sansone reports on the state of marriages, separations, annulments and divorces in Malta.

The number of marriages last year was the highest ever registered in a decade, according to figures released by the National Statistics Office to mark the International Day of Families celebrated today.

Last year, 2,596 marriages were recorded by the public registry and with 67 per cent of these being religious marriages, the Church may have every reason to be jubilant today as it celebrates the family during a day-long event at Ta’ Qali.

Religious marriages were up by 15 per cent compared with the previous year while civil marriages increased by two per cent.

However, the NSO statistics also reveal a grim reality. The number of separations registered with the public registry last year was 566, an increase of just over seven per cent from the previous year.

And according to data released in Parliament last week, 191 separations were registered in the first four months of this year.

Divorce may not be on the statute books but it is definitely a reality for some, with official figures showing that 47 couples last year – nine more than the previous year – had their overseas divorce recognised by the state.

Since the 1970s the state has recognised divorces obtained from abroad even if both spouses were Maltese and married in Malta as long as certain criteria of domicile in the foreign country are fulfilled. Since 1980, the courts have recognised 785 divorces obtained overseas.

Four of the marriages that ended in divorce in 2010 lasted less than five years. In 15 cases the previous marriage had lasted for 20 years or more while in another 15 cases the marriage endured for between 10 and 19 years. The rest were divorced after a marriage that lasted between five and nine years.

A total of 248 divorced individuals (112 men and 136 women) opted to remarry last year.

Meanwhile, annulments declin-ed by a quarter last year with 124 recorded at the public registry.

According to the NSO, 29 were religious annulments – obtained through the Church Tribunal – and 95 were obtained from the civil courts.

The pattern of duration of the previous marriage for people who obtained an annulment largely reflects that of divorcees.

Eleven annulments were obtained in cases where the marriage lasted less than five years and 43 cases where the previous marriage lasted between five and nine years.

The majority, 53 cases, obtained an annulment between 10 and 19 years of marriage while there were 17 cases were annulment was obtained after 20 years or more.

The latest statistics can be viewed against the backdrop of the country-wide picture that emerged from the 2005 census, which confirmed that marriage was still a popular option with 195,523 people over 16 being married.

However, the census also confirmed that 11,045 individuals were separated, representing three per cent of the adult population aged 16 and over.

Another 2,309 individuals were divorced or had their marriage annulled but did not remarry, contrary to 801 who tied the knot again although this figure also included those who were widowed. A census is expected to be held later this year but data will only be available in 2012.

The differences

Annulment

The marriage never existed. The circumstances that are defined in law that lead to an annulment would have to be present before the marriage was contracted. A couple can obtain an annulment from the civil courts or from the Church Tribunal. However, if one of the spouses opts for the Church Tribunal any civil proceedings would have to stop. The Church Tribunal’s decision will be recognised by the state but not vice versa. Anybody obtaining an annulment can remarry.

Separation

The couple decide to go their separate ways because something goes wrong in the marriage. Any of the spouses can open separation proceedings in court even if the other party does not consent. The court can establish fault to determine issues of maintenance, child custody and the matrimonial home. However, the law also provides for a no-fault separation and both parties can reach an agreement that is registered with the court. Spouses are still considered to be married and irrespective of whether they are living apart or with other partners, they cannot remarry.

Divorce

There are no legal provisions for divorce although the courts do recognise divorces obtained from abroad. The law being proposed would give couples the chance to divorce after four years of separation or after having lived apart for the same period. Like separation, one spouse may file for divorce even if the other party does not consent. The proposal is for a no-fault divorce, meaning the court does not seek to attribute blame. Divorce would allow separated spouses to remarry.

ksansone@timesofmalta.com