Pro-divorce lobby accuses anti-divorce of ‘malicious’ mistranslation

‘No fault divorce’ does not translate into ‘divorce without reason’ (divorzju bla raġuni), says Moviment Iva chairperson Dr Deborah Schembri, describing the latter as a ‘myth’ intended to mislead the public.

Schembri was reacting on Saturday to a newly unveiled billboard set up by the Moviment Zwieg Bla Divorzju which reads “Divorce without reason. No thanks”, a message she said was similar to those being propounded by Church representation.

In her address, Schembri accused the anti-divorce lobby of "maliciously" mistranslating the definition to "intentionally mislead the public" as to what is being discussed. “I know for a fact that the lobby’s core group is made up lawyers who know the difference between ‘reason’ and ‘fault’,” she said.

“I cannot but be concerned at the idea that the lobby is intentionally attempting to mislead the public," she said. Schembri added that this “misleading” definition of no-fault divorce “only serves to convey a mistaken idea that divorce is frivolous and unnecessary.”

Schembri also said that existing separation procedures (required for anyone requesting a divorce) already address fault-based issues. “Where we to set up a fault-based divorce, we would only be addressing the same issue twice,” she said.

“Fault is already part of the system. The idea that ‘guilty’ parties would be rewarded is completely flawed.”

Schembri was speaking during a press conference where she explained certain finer points of the divorce bill currently tabled in parliament.

She said that eligibility for divorce hinged on either having already lived apart for the previous four years out of five, or been separated for four years. “This means that, contrary to what is being said, there is no way that someone can wake up one morning, and immediately get a divorce."

She also stressed that divorce eligibility is also conditional on the exhaustion of any chance of reconciliation, and that the new divorce laws would ensure better protection of the rights of those involved – particularly those who are dependent on the family.

“We are not proposing an open door which people can use to run away from their obligations,” Schembri said.

She also said that given how any divorce that is requested would take into account (and fully respect) any previous separations handed out by the courts, or be amalgamated with ongoing separation cases (should the spouses wish it so) “it will not create the legal chaos that many are saying it will.”

She pointed out that separation will become part of divorce proceedings, explaining that any couple who wish to obtain a divorce would be required to separate first, and follow existing separation procedure.

Referring to maintenance and child support, Schembri said that such issues would be handled at the separation stage, adding that so too would be fault-related issues.

 “I cannot understand how some are calling for a fault-based divorce when issues such as adultery, abandonment, abuse, already fall under separation procedures,” she said. “Even with the introduction of no-fault divorce, these consequences will be shouldered as is just.”

“Fault is already part of the system. The idea that ‘guilty’ parties would be rewarded is completely flawed,” she said.

Responding to those calling for a fault-based divorce, Schembri asked “since they are already handled at a divorce stage, what need would there be to the same issues covered twice?”

Schembri added that other countries who once had fault-based divorce had since moved away from it. “It became clear to them that during fault-based divorce proceedings, children often became tools at the mercy of spouses wrestling to avoid blame.”

“Those who are recommending it either don’t know what it means, or do not really have the best interests of children at heart,” she said.

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Chris Tanthi
So, the requisite number of years according to law is a reason? Well it could be seen as one if one behaves to the standards of of Humpty Dumpty and thinks words mean what one wants them to mean. I would agree with Victor Laiviera about dogmatists. Take some liberal ones, for example, who masquerade as the epitome of care and empathy, while what they are really concerned about is re-arranging society according to their pseudo-humanistic script, uncaring about the long-term harm to society and the consequent pain to future generations, who also happen to be made up of people who hurt. It's easy enough to cast aspersions on annulments and make all sorts of claims about them and about how they are obtained without offering a shred of evidence. Perhaps some proof of the veracity of what one could be offered? But then dogmatic liberalism and truth were never the quite what one could call bosom friends, were they?
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Ian George Walker
@ Manuel Mangani You answered your own question. The fact that a couple have been living apart for 4 years is proof that that marriage has ceased to exist in any real sense and is more than enough reason to grant divorce. Of course, that applies to people who look to the substance, rather than the form. Dogmatists who pretend to be against divorce for social reasons are only interested in preserving the form and care nothing foe the feelings of two people trapped in a loveless relationship. Unless, of copurse, they are clever or well-connected enough to wangle a "divorce á la Maltaise" (aka annulment)
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Chris Tanthi
@Victor Laiviera, yours is an entirely gratuitous assertion. As proposed, divorce will be granted provided the applicant proves that the parties have been separated at least de facto for 4 years (and a couple of utterly meaningless conditions included in the proposal for purely cosmetic purposes). Perhaps somebody could let us know which "raguni" for the granting of the divorce will be required if the Bill become law?
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Ian George Walker
"Divorzju bla Raġuni" is neither a translation nor an explanation. It is a deliberate attempt to to deceive and misinform. Coming from those who would teach the rest of us morals, such cynical manipulation is little less than shocking.
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Chris Tanthi
Dr. Deborah Schembri appears to be unaware of the difference between a translation and an explanation.
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Jessica Chetcuti
Let’s put this into perspective. No one in their right mind wants divorce. Everyone would like to live in a happy marriage, have 2.4 children and live happily ever after. However because of unfortunate circumstances, that doesn't always happen. You don’t have to be Einstein to realise that not all marriages are made in heaven, people do have problems which they find impossible to overcome and no matter how much they try it usually ends in separation in the hope that one day they will find true happiness, and if that means divorce is the answer then so be it. The way that I see it is that divorce should be a given right, without interference from the church or the state, it should quite simply be there for those who need it after having tried all other avenues towards reconciliation. To quote the old adage: Isn’t it better to be able to have divorce, and not need it? Than to want divorce, and not have it On the 28th May I will let common sense prevail and vote a resounding “YES”.
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How can we trust people who distort the truth or present half truths like many in the Negative movement? The coming referendum is not about having strong families because everyone is in favour of this. The referendum is about those families whose marriage is dead after at least four years of legal separation. An IVA vote offers these people and to-morrows victims who could be me and my family and you and your family a second chance at starting a new life. The NEGATIVE movement stop there pretending that all families are strong. They intentionally or unintentionally do not want to realise that today in Catholic Malta for every 100 new marriages there are about 25 new separations and as a statistical trend this number is on the increase. The NEGATIVE movement do not offer any tangible solution to these people. In the USA there is divorce and annulment American style where the Catholic church is highly concerned about the number of people getting annulment which from a few thousands some years back has reached hundreds of thousands these last years. The type of responsible divorce to be introduced in Malta if the referendum result is in the affirmative is totally different from the reality in the USA. It will be on the conscience of all those that do not want to help these people in need by voting LE. By voting LE you will be discarding God’s higher law of MERCY OVER SACRIFICE. Those that do not show mercy now towards those in need, should not expect mercy on your judgement day.
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And these are the people who would teach us morals?
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This is all the MPs fault. The majority of the maltese citizens , I think don't really understands what is divorce. the goverment has left the ppl, saying ridicolous things about divorce. The MPs are just laughing with the ppl, left it upon them to decide. I tought that the majority of the maltese citizens ,have got up on their feet and think with their minds, after decades of foreign ocupancy... I ahve my doubts. This referendum at least wil show, if the majority of the maltese people are FREE or NOT.. If no wins , than I belive all maltese citizens will suffer in a way, one way or another, cause the goverment will roll over you more thna ever before. Than too late to be sorry. "RESIST OR SERVE"