Marriage is a relationship uniting a man and a woman. It is a contract requiring an agreement between two persons imposed by law set up to provide for family life. The permanence and regulations of marriage are construed to protect women and children and to maintain the stability of the community. The origin of marriage in its most primitive form dates back to antiquity and from inception represented the basis for begetting children within the protection of a family. The legal foundation of marriage is the government. "The Malta Year Book, 1996" shows a marked marriage decline in recent years. In 1980 the marriage rate per 1,000 persons had reached 2,775 (8.5%). By 1994 it had dropped to 2,483 (6. 7%). Given Malta's minuscule size this decrease represents a troublesome trend fraught with undesirable economic consequences covering the longer term.
Divorce is the legal ending of a marriage. It is permitted under certain circumstances but is restricted because it breaks up a family, the basic unit of society. Some countries like Ireland and Malta prohibit divorce. Divorce differs from legal separation and annulment in ways prescribed by law but both share in common the diminishing or termination of a union. Divorce affects many young children deeply and is a sizable problem in many countries. Divorce is now up for consideration to legalize it in Malta. People previously considered divorce unacceptable, but after WWII it gained acceptability as a flawed but workable substitute for living together as a broken family. Divorce being illegal, no hard government statistics are readily available showing the incidence of marriage break-ups in Malta. A best guess is that the growing trend towards marital dysfunction and eventual termination of matrimonial bonds is on a percentage basis at par with Southern Italy, a Catholic stronghold whose regional profile and mentality closely approximate those of Malta.
The shift from conventional marriage in eternity to other alternative lifestyles is not of necessity proof of lessening moral values, but more accurately approximates a departure away from ossified rituals and customs of old in favor of a more relaxed lifestyle, better attuned to contemporary existence and pressures. One such relatively recent and unspoken living arrangement also observed in Malta, is the emergence and growing popularity of cohabitation. It is as if the world has gone full circle. Cohabitation within primitive tribes historically preceded the institution of marriage.
One is sorely tempted to explain complex changes in societal attitudes with simplistic answers or generalizations. It is safe however to suspect that the quantum leap in educational levels for the masses has acted as a prevailing counterweight to the overwhelming influence exerted by institutionalized religion over the past millennium . It all started with the Italian Renaissance about 1300 AD and has gathered momentum ever since. Yet on closer examination this seemingly solid theory unravels for lack of foundation since it is in Asia that a blind acceptance of destiny, entwined with devout religious fervor, is observed across the entire strata of its population regardless of position and rigid class barriers. It is also in Asia that cohabitation reigns supreme.
One reason people seek out other viable living accommodations outside of conventional matrimony is the arbitrary legal exclusion of one gender in preference of the other, over matters of child custody and property settlements as a result of spousal incompatibility. In Malta, as in Asia and other patriarchal societies, the husband holds the reign supreme, whereas in North America and Europe the very opposite skewed court rulings sway equally blind in favor of the wife. Adjudication predicated on gender instead of merit is a blight on society and poses undue hardship on children. Legal custody of minors should instead be solely granted to the most qualified parent able to nurture and support them. This system of judicial inequity breeds delinquent parents who contemptuously shrug off monetary and moral support of sons and daughters in defiance of the law.
The growing popularity of pre-nuptial agreements is yet another sign of the times. It has not yet caught fire in Malta as a practical but cold hearted way of protecting assets, by limiting court imposed rulings gone mad as a consequence of manipulative slick lawyers who make a fortune at the expense of bitter litigants. While marriage holds no insurance against the straying of one spouse or the other, cohabitation and other forms of multiple living arrangements allow for a change of household partners with lesser risk of legal entanglements and heavy penalties. Sadly this freedom often leads to increased incidents of irresponsibility and selfishness which society can ill afford. For precautionary reasons contentional parenthood is nowadays predicated not on hearsay and invective but on solid scientific evidence based on DNA sampling, if not in Malta then elsewhere. The protection of innocent progeny remains paramount if civilization is to survive and prosper as a cohesive group.
Where does Malta stand in this sea of change? It is hard to argue against Malta's strong family tradition and its reflection of imbedded Catholic virtues. Yet the ever diminishing presence of the Church in the affairs of the modern Maltese secular state propels the country towards a liberalization of mores, in line with the rapid progression of the world at large and western nations in particular. To what extent this behavioral mutation will impact the Maltese family unit with its traditional stability and adoration of children remains a troubling question. What is certain is that the status quo is no longer acceptable to those who eschew tradition. The contemporary attempt to streamline marital statues such as legalization of divorce says much for the rapid under current of change now sweeping Malta. It is a foregone conclusion that the present ban against divorce represents a dinosaur waiting to be buried.
E-mail to Joseph Vella: vellajoseph@msn.net
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