Children likely to be ‘exposed’ to new partners through divorce

Four out of five separating couples ask for a legal clause that does not allow their spouse to expose the children to new partners and this might no longer be allowed with divorce, according to lawyer Bernard Grech.

Dr Grech, a member of the anti-divorce movement, said this was something he observed throughout the 16 years he served as a family lawyer.

In the majority of cases, one or both spouses asked that the clause be inserted in the separation contract to ensure their children were not exposed to other partners.

“My concern is that, through divorce, it will be the right and duty of a divorced person to take the child into the new family... This can cause big problems since there is no guarantee the separation clause will apply,” he said.

Dr Grech added that although the proposed divorce Bill stated that the separation contract would hold, this might not be possible in the case of this clause since the new rights introduced through divorce would override it.

“I want children to keep hoping their parents will get back together. Vote No... Do not close this door on them,” he said.

Asked whether it was fair to allow children to maintain false hopes, he said that with separation this dream was possible. With divorce it became impossible.

He said throughout his career he knew of at least nine separated couples who eventually got back together.

But what about those couples who did not have children and whose marriage broke down? Why shouldn’t they be allowed to start a new family with legitimate children?

Dr Grech said the proposed Bill on which people would vote on Saturday spoke about granting divorce in all circumstances. Had the Bill listed exceptions – such as young separated couples with no children or battered women – he might be talking differently, he said.

Asked whether this meant the movement had a change of heart, to accept divorce in some circumstances, Anna Vella said the movement had always disagreed with divorce “for no reason”.

Dr Vella, who is also part of the movement, said the results of a Misco survey commissioned by the Marriage Without Divorce movement gave a clear picture of people’s concerns.

Results showed that over 54 per cent felt divorce would have a negative impact on family, 71 per cent felt children would be negatively impacted and 46 per cent said society would suffer. Eight per cent felt the family and children would be better off with divorce while nine per cent said it would be better for society.

A third of the population thought young people were not being adequately prepared for marriage.