The tabling of a Private Member’s Bill for the introduction of divorce calls for a civil open debate on the pros and cons of divorce. Żwieġ Bla Divorzju, a secular movement comprising members from different walks of life, has been launched in order to contribute towards this debate by disseminating objective facts and data about the status of families in Malta and the effects of divorce on society.
The family has traditionally been regarded as the nucleus of society and there is objective evidence to suggest that strong families make stronger societies. Article 2 of the Maltese Civil Code provides that “the law promotes the unity and stability of family”. This laudable objective is undoubtedly shared by the pro-divorce and the anti-divorce lobby alike and, hence, the importance of ascertaining objectively and by reference to the experience of other countries how divorce impacts the “unity and stability” of families and society at large.
It is surprising how Parliament is called upon to vote upon a law introducing divorce without an official and/or authoritative impact assessment on the effects of divorce including its social, sociological and economic consequences. The experience in other countries has shown that divorce increases the rate of marriage breakdown and, in fact, increases the rate of cohabitation. This is not entirely surprising, as a law permitting divorce prescribes an institute of marriage in which commitment is non-committal, a bond which can be broken. It is therefore entirely predictable that divorce weakens marriage when we should be looking for ways to strengthen marriage.
The experience of a number of countries shows that, once divorce is introduced, fewer couples choose to marry as they see less sense in a non-committal union, which is hardly distinguishable from regulated cohabitation. Marriage breakdowns increase as responsibility can be reneged far more easily.
Undoubtedly, one of the most difficult aspects of this debate is reconciling the aspirations of well-meaning spouses whose marriages have irretrievably broken down with an anti-divorce view that deprives them of the chance to have a second go at marriage. The unfortunate reality, however, is that the introduction of divorce, while purportedly providing a remedy for spouses whose marriage has not succeeded, in effect detrimentally transforms the concept of marriage for the whole of society.
Though, statistically, second and third marriages have a larger probability of failure than first marriages, second marriages undoubtedly do succeed sometimes. The benefits to society of successful second-chance marriages have to be weighed against the negative effects of transforming our concept of marriage and increasing marriage breakdowns.
The pro-divorce argument, which recommends maximum freedom of choice, allowing every individual to choose whether to divorce or not, assumes that divorce only affects divorcing couples. Unfortunately, a law allowing divorce does not merely affect those who choose to utilise that remedy but it impacts society at large by bringing in its wake more marital breakdowns and altering the social fabric.
Besides being a private remedy, divorce is therefore prevalently a public concern. Hence, a “common good” approach requires us to ask whether the negative effects of divorce on society at large should prevail over the expectation of well-meaning, aggrieved spouses to seek a second go at marriage.
The Żwieġ Bla Divorzju movement firmly believes that divorce, on balance, is detrimental to society.
It is sincerely augured that politicians and civil society will embark upon a civil and objective debate about the effects of divorce, with utmost respect for opposing views and mindful of the pain and suffering of victims of marital breakdown. An anti-divorce stand is in fact primarily motivated by the desire not to multiply marital breakdowns and their attendant painful consequences.
It is also hoped politicians and voters alike will take an informed decision on the introduction of divorce under Maltese law, cognisant that their decision will leave an indelible mark on Maltese society for years to come, for better or for worse.
Dr Galea Salomone is founder member of Żwieġ Bla Divorzju Movement.