The Divorce Process

The Divorce Process

Recognising social realities

Article by: Cyrus Engerer

Burying one’s head in the sand and refusing to recognise reality within our society seems to have been the order of the day for many, including those to whom we have entrusted our state’s laws.

Regrettably, some marriages have irrevocably broken down. The vows that once were, no longer exist. Spouses moved on with their lives individually, and although having once existed, their marriage has become null. New relationships have been formed and children have been born, bringing happiness to couples whose newly established families have been refused recognition.

It’s true that although divorce is recognised as a civil right in all countries around the world bar two, is not a fundamental human right according to the Charter of Fundamental Human Rights and Freedoms of the Council of Europe, to which Malta has been a signatory since 1965. However, the same charter reads that “men and women of marriageable age have the right to marry and to found a family.”

The importance of having families recognised is not only in putting all families at par with each other, thus eliminating the notion that certain families are of a ‘lower grade’ when compared to others. Out of recognition also emanate various other civil and social rights that benefit families, especially children.

Divorce is important since it gives these families due recognition in format of the law…welcome to our blog!