Divorce in Malta
Malta is one of only two countries globally where you cannot obtain a divorce; the other country being The Phillippines. Being a strongly Catholic nation, the church plays a part in the lives of many, but slowly things are changing, with many people wanting a separation of church and state.
Over recent years, the divorce debate has raged in Malta and this month (July 2010), Nationalist MP Jeffrey Pullicino Orlando presented a private member’s bill to Parliament in a bid to introduce divorce to Malta.
Although currently, it’s not possible to obtain a divorce through the Maltese courts, divorces granted to Maltese and foreign citizens by overseas jurisdictions are recognised by Maltese law, and such people are free to re-marry. Such divorces should be registered with the public registry. Between 2007 and 2009 the Public Registry registered 102 cases of divorce awarded abroad. Even civil marriages cannot be dissolved by Maltese courts, contrary to the belief of some.
As an alternative to divorce, Malta has two options; legal separation and annulment. Either the church or the state can carry out such legal acts. With legal separation, the parties cannot remarry, but that’s not the case with annulment. Annulment means that the marriage never existed, although couples with children can obtain an annulment! In the past five years, there has been a total of 690 annulments by church and state in Malta.
With a legal separation, the couple must go through a mediation process which is offered free by the state. Once a couple is legally separated, then the parties do not have to cohabit, but the obligation of fidelity and support subsists. The at fault party may have to pay maintenance to the other. Between 2006 and 2008, around 3,500 sworn separation applications were submitted or mediations introduced, and a backlog of over 1,000 separation cases pending.
It will be seen in coming months what will happen with regard to divorce in Malta, but the issue has caused heated debate in social circles, and probably will in parliament too.
October 7th, 2010 at 8:05 am
The lack of divorce legislation in Malta is ridiculous. This is 21st century Europe, not in Malta though. Here it’s like living in the dark ages with the church making the laws. Not everyone here is Catholic, and if you are and don’t “believe” in divorce, then you won’t need it. It’s those who aren’t who cannot rectify their position and move on.
May 24th, 2011 at 11:46 am
Dear Sue,
Divorce is the first step to destroy the whole society. If you break a single brick, then you’re pulling down the entire wall. If we permit to weaken the family institution, all the people of Malta is targeted by pernicious consequences. In a short time you’ll have a nation of ADHD children, desperate fathers and mothers on Prozac. Think about it.
May 25th, 2011 at 12:56 pm
I agree with Sue, because what the church and those who oppose are doing it’s way too much. I’m catholic but I believe that LORD JESUS CHRIST is far more unhappy with what the church in Malta is doing. In my opinion it’s better if it takes serious care off what her members are doing and do what has to be done. By the way our LADY MARY I’m sure she cries when she sees what’s going on to some of our children.
VOTE YES … TO HELP THE ONES IN NEED, THAT’S WHAT OUR LORD HAD DONE!
May 30th, 2011 at 6:34 pm
Now soon vote YES for abortion stupids!
May 31st, 2011 at 1:51 am
The Culture of Death is having its way! You will find out later that, just like in the United States, a greater number of families will have been broken because people will be changing partners as easily as they change their clothes when they get faded or torn, or just to switch to a new dress fad. In its wake will be countless of children transferring from one HOUSE (not home) to the other because of some kind of custodial arrangement. And, later on, family breakdowns on account of NORMAL divorces will be accepted as NORMAL, because we are in the MODERN world.
Such a situation cannot be undone.