‘Divorce should not be enjoyed only by the rich’ – AD

Alternattiva Demokratika decries the existing Maltese legislation on divorce as "discriminatory", reiterates that annulment and divorce “are not the same thing”.

Addressing a press conference in front of the law courts this morning, AD Chairperson Michael Briguglio once again reminded how existing laws in Malta recognise divorces obtained in all countries world-wide, including those by Maltese nationals.

“Therefore, those who can afford to obtain a divorce overseas can do so,” Brigulio said. “There is the need that the right to divorce is not only to be enjoyed by the rich.”

Briguglio added that no one from the NO movement ever spoke against this “crass discrimination”, which has been in place since 1975.

AD spokesperson for Civil Rights Yvonne Arqueros Ebejer, argued that even though divorce is not part of the Maltese legal system, by virtue of Article 33 of the Marriage Act, a foreign divorce may be registered at the Annotations Section of the Public Registry.

“If anti-divorce Maltese politicians, political parties, and even the Catholic Church, are strongly against the introduction of the legislation of divorce, then why are they immune to those divorces acquired from abroad and which are allowed to be registered in our Public Registry without any resistance?” she questioned.

“If something is considered immoral, and wrong, why should it be accepted when attained from a foreign country or if obtained by a small number of people? Or is it all a matter of who manages to wield absolute power?”

Present at the conference was also Angele Deguara, AD Spokesperson for Social Policy. She said there are number of people who argue that since in Malta annulment is available, then there is no need for the divorce legislation.

“But annulment and divorce are not the same thing,” Deguara said. “While nullity of marriage considers a marriage never to have taken place, divorce ends an unhappy marriage.”

Deguara added that annulment cannot be an alternative to divorce for the many couples who need it and who do not qualify for an annulment. 

“Even though both grant the right to remarry, they cannot substitute each other - and in many countries both options coexist."