The Divorce Process

The Divorce Process

Stand UP – It’s Time to Say Yes Again ! – Video 3

A marriage that expires? Cannot exist!

Article By: Luke Zammit

expire: Cease to be valid, typically after a fixed period of time

Far from vows, contracts, ceremonies and celebrations, the true core of marriage stands upon the relationship between the spouses, which in turn is built upon communication and understanding between the two.

This means that a marriage may only come to an end if and when one or both spouses stops struggling to communicate and/or understand each other; basically, a marriage breaks down if you do not work at it. Therefore, the following obvious question arises: will a happily married couple living in a society where the option of divorce is available to all opt to break it all up simply because they have that choice?

As in any kind of relationship, problems tend to arise and marriage is no exception. Divorce is an option which should be available for those whose marital difficulties have reached a point beyond return. The introduction of responsible divorce legislation will therefore address such cases only if anyone chooses to do so.

I firmly stand by the assertion that communication and understanding are key factors for a successful marriage. Therefore once these factors are interrupted, problems are hardly avoidable and likely to give rise to marital breakdowns. At this stage another question arises: which makes more sense – to statistically have many married couples or to have realistically happily married couples?

Moreover one cannot forget about the true significance of a democratic society: Majority rules, minority rights!

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!