The courts have granted 817 divorces, leaving almost no backlog, since the law came into force 19 months ago, Times of Malta has learnt. The introduction of divorce was introduced after a referendum two years ago today.
Figures supplied by the National Security Ministry, responsible for the public registry, show that 820 divorce cases were filed between October 2011 and last week.
Alex Sciberras, a lawyer, said the fast turnaround was a result of the first wave of divorce applications by individuals who were long separated.
When one considers the number of separations granted by our courts in the past, the number of divorce applications is actually very low
“The vast majority of divorce applications were by legally separated individuals and so the courts did not have to decide on the separation of assets because this would have already been settled,” Dr Sciberras said.
He explained that in these cases it normally took the courts just one sitting to grant a divorce.
Couples can obtain a divorce after four years of being legally separated or living apart and it is within this context that Dr Sciberras believes the number of divorce applications is “very low”.
“When one considers the number of separations granted by our courts in the past, which gives those people an easy route to divorce, the number of applications is actually very low,” Dr Sciberras said.
The 2005 census had found there were more than 11,000 separated and divorced individuals. The figure from the 2010 census is not yet available but it is very likely to have gone up.
Divorce became law in October 2011 after Parliament approved a law originally submitted by former Nationalist MP Jeffrey Pullicino Orlando a year earlier.
Parliamentary approval came on the back of the referendum that delivered a ‘yes’ vote for divorce. 53 per cent of the electorate gave divorce the thumbs up after an acrimonious campaign.
Malta had been the only country apart from The Philippines not to have divorce legislation even though divorces obtained abroad were recognised by the State. Chile had been the last country to legalise divorce in 2004.
The figures show that in the first three months of divorce legislation, between October and December 2011, 222 divorce cases were filed and the courts decided 216.
In 2012, after a full year, the courts received 443 applications and decided 438. This year so far the courts have received 155 applications and awarded 163 divorces, cutting the backlog down to just three cases.
The situation is expected to change over time when the courts start to receive applications from couples who will have beenliving apart for four years, according to Dr Sciberras.
“At that stage it will become trickier. The courts will have to decide on the separation of assets unless the couple are in agreement, and will have to determine whether the four years of living apart have been satisfied before granting a divorce,” he added.
ksansone@timesofmalta.com