Home > Malta: The Mouse That Roars by Joe Vella > One Rainbow, Two Visions
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By legal definition divorce is the ending of a marriage. The laws of most nations in the western hemisphere permit divorce under certain circumstances. The first written divorce regulations were incorporated in the ancient Babylonian Code of Hammurabi. Divorce is not to be taken lightly, because of its serious impact on family, the basic unit of society. On this foundation and abetted by Catholic doctrine that holds marriage is permanent until death, Malta remains the sole nation in Europe that prohibits divorce but allows for controversial marital dispensation by church tribunal.
Depending on circumstance a divorce can be classified as a fault or no -fault (do-it-yourself) divorce. The former requires prove of spousal fault in a court of law. The latter is based simply on a marriage that has failed and deserves to be legally terminated. Some oppose no-fault divorce because it can be obtained too readily without hiring lawyers at the expense of less protection for spouses and children. Divorce proceedings take into account arrangements for alimony, child custody and support, and division of property. Malta can no longer turn a blind eye to the increased frequency of marital dysfunction. It must play catch-up with the rest of the civilized world and institute modern legal codes to deal effectively and fairly with the harsh consequences of irreparable marriages. Better to dissolve a union that has gone sour than place family members at grave risk of mental and physical abuse. It is outright arrogant to claim as is often heard that a strong bond and love of family is an inordinate Maltese virtue when such rectitude is universal. The family is the cornerstone of all humanity and does not play favors with one ethnic group over another.
Malta is now on the verge of a great debate proposing legalization of divorce. On the one hand of the great divide stand orthodox conservatives typified by the autocratic Cana Movement who gives no ground to the accelerating drift of Maltese society towards freer secular values. For the already convinced, divorce is not a viable proposition for "God's law" on marriage. At the other extremity of the rainbow spectrum are progressive, mostly younger generations who all too readily disavow cultural traditions in favor of a more permissive lifestyle than the clergy would allow. Beside being a war of hardened wills between religionists alarmed by the negative potentials of divorce on Malta's social fabric and their equally stubborn opponents who champion divorce as a fundamental human right, the dispute sharply profiles the ever weakening posture of the once omnipotent Catholic church in Maltese affairs of state. It is inaccurate to claim as the Sunday Times, Nov. 14th. issue did in an opinion column that civil sentiment and religious belief are intertwined in Maltese society; the political and religious communities are nearly coincident. The inevitable introduction of divorce in Malta will make skeptics question the validity of the Times' allegation of an undiminished, civil and ecclesiastical alliance founded on historic precedence. Without question the government "Commission on the Future of the Family" established to debate the dignity and welfare of married persons, and by extension the granting of divorce, would never have materialized under the sole initiative and advisement from the Catholic Archdiocese.
Contrary to Maltese conventional wisdom divorce does not lead to a life of misery, deprivation and enslavement. Nor does divorce encourage further incidence of divorce as the misguided Christian movement would have one believe. It simply functions as a gateway to liberation for a partnership which is no longer viable. Divorce affords both spouses equal opportunity to realign hopes and aspirations for a new domestic start in life with fresh partners equally deserving of caring companionship. The Gospel's inhibition from the Apostle Mark, Chapter 10, Verse 9, "Quod ergo Deus coniunxit, homo non separet - What therefore God hath joined together, let no man put asunder" is a noble concept which unfortunately is no longer applicable to the living conditions and pressures of modern life. The ultimate composition of divorce adopted by Malta will most likely be predicated on hard object lessons learned from experience by other countries with some deviation allowed to soothe local conditions. Primary consideration should focus on the welfare and protection of innocent children faced with the unpleasant prospects of sharing visitation, time and space with contentious parents living in separate quarters with or without new mates. Great caution must be exercised to ascertain that permanent custody of the children goes to the best qualified and supportive parent , rather than be predicated on gender preference. Arrangements for alimony and division of estate are of secondary importance and best settled in cordial fashion with the children's' welfare foremost in mind ..
No mention of divorce will be complete without taking into account related areas of family law. Divorce will necessitate the introduction in Malta of pre-nuptial agreements by which material assets of people contemplating marriage are safeguarded against future litigation by scorned divorcees. In Asia and elsewhere divorce has given rise to legalized co-habitation as an alternative to marriage. This liberal accommodation is no stranger to the Maltese community where an increasing number of couples, divorced, separated or single, have chosen to live together without benefit of marital vows. The fear of costly divorce and its bitter aftermath have given rise to a growing popularity for informal living arrangements.
The time for Malta to take a stand on divorce is on hand. The matter is far too important to be resolved by partisan politics in the House of Representatives. It deserves a vote by the whole electorate through referendum. In the end people will decide for themselves which path to follow. There is no reason to believe Malta will retain its prohibition of divorce based on inflexible religious doctrine. Divorce is a matter for civil courts to handle with no provisions made for ecclesiastical adjudication by the Judicial Vicar. In the aftermath of legalized divorce the office of the Defender of the Bond of the Malta Archdiocesan Tribunal that handles marital dispensations, dissolutions, and annulments will cease to function for lack of creative work. The church has a right to express its steadfast opposition against divorce provided it is done in democratic fashion free of threat and without exerting a heavy hand in framing Malta's future. Ultimately the voice of the people will prevail.
E-mail to Joseph Vella: vellajoseph@msn.net
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