The negative effects of divorce already exist in separation and annulment proceedings, according to pro-divorce movement chairman Deborah Schembri.
“I speak about the positive aspects of divorce since the negative ones already exist... Divorce will just legally recognise a reality that already exists,” she said.
She likened the marriage breakdown situation to a four-storey building, with separation being the third floor. All problems faced by the couple cropped up in the first two floors and, by the time a separation agreement was reached, most problems were ironed out.
Divorce legislation was the fourth floor that would give people a chance to re-marry and protect their legal rights. All divorce did was recognise that a marriage was legally over after the relationship has died. Separation failed to do this as a couple remained married in the eyes of the law.
“Divorce is a certificate that the relationship is over. It is recognising a reality.... It’s not the death certificate that people mourn, but the death,” she said, illustrating her train of thought with examples.
Dr Schembri was last night speaking during a televised press conference organised by the public broadcaster, on TVM, the state station ahead of the May 28 divorce referendum.
As she fielded questioned by journalists, Dr Schembri urged people to vote yes if they wanted to help those who were stuck in a bad marriage. She insisted that those who did not want to divorce did not have to.
She cautioned that the introduction of a cohabitation law, which was on the national agenda, was not guaranteed to apply to separated couples.
“Having a cohabitation law without divorce is the closest we can get to bigamy,” she said.
She elaborated that separated couples still had a duty to be faithful towards their estranged spouses, while cohabitation regulated their partnership. Divorce would sever the link between spouses.
She reiterated that, according to the proposed law, a couple had to be separated for four years (de facto or legally) to be able to obtain a divorce.
All the uncomfortable legal issues, such as maintenance, custody and separation of assets were decided in the separation contract that would remain valid for the purposes of divorce.