Government will not give cohabitation rights to separated spouses - Iva Movement

She was speaking during the penultimate press conference of the Moviment Iva before 28 May divorce referendum.

Schembri said that while it is currently impossible to know what is within the cohabitation draft law, given the veil of secrecy covering it, she said however one could draw reasoned conclusions.

“What we can tell for certain is that we cannot have a law that clashes with another law. A cohabitation law that regulates and protects couples cohabiting post-separation would clash with existing marriage law, as anyone who separates is still technically married,” she said.

“The cohabitation bill will also never grant the same rights as marriage, or even rights similar to marriage, because in doing so, the State would be rendering marriage less desirable,” she added.

She also referred to a report presented before the Parliament’s Social Affairs Committee, which said that “in the absence of a divorce law, cohabiting couples where one or both persons are married or separated cannot be entitled to the same rights as married couples.”

Schembri explained that, for example, separated couples are still obliged by law to remain faithful to their spouses – even after separation. “This means that a law can never ‘regulate’ their cohabitation with another person, as it would mean that the state is regulating bigamy,” she said.

She urged the public to recognise how cohabiting couples post-separation will have no protection or rights whatsoever, should the proposed divorce be voted down on Saturday.

“The government is giving the impression that separated couples will be protected by the upcoming cohabitation law. This is not true,” she said.

“Cohabiting couples will have no obligations, duties, or rights towards each other,” she said, including such ‘rights’ as inheritance and community of acquests.

Schembri specified that she is not however against the introduction of a cohabitation law, adding that “cohabiting couples who do not wish to marry for whatever reason need to be regulated somehow.”

She emphasised however that the cohabitation law is not an answer to those couples forced to cohabit post-separation. “Couples should be given a choice whether to cohabit or not, and not be forced into a cohabitation because thy have no other choice,” she said.

“Those who need regulation the most are being forgotten and their needs are not being taken into account at all”, she said, referring to separated people living with new partners.

She also reiterated that the introduction of divorce will not change the nature of marriage or the family. “People are already forming new couples after separating and cohabiting with them, taking children from previous marriages into new relationships. Divorce will change nothing but give these people rights and protection.”

She said the anti-divorce camp is insisting on treating separated people with pity (imsieken) but not taking their needs into account. “They deserve solutions, not pity,” Schembri said.

Asked by the media if the ‘choice’ argument was not the same as that used by pro-abortion activists, Schembri hit out at what she described as a “sensationalist” and “scaremongering” argument.

“They have been trying to scare the public about how divorce is dangerous to women, children, families, marriage, society, and now they are saying divorce is like abortion. They have nothing to do with one another,” she said.

Schembri said that there are many countries that have divorce but not abortion. “The two are not related in any way.”

Deborah Schembri pointed out that she is against abortion, and was joined by Nationalist MP Jeffrey Pullicino Orlando and Labour MP Evarist Bartolo, who said they work hard in the past against the possible legalisation of abortion in Malta.