Opposition will support divorce law changes, Bernard Grech says

The waiting time for divorce should be set at six months across the board in those cases where a couple is not separated, Opposition leader Bernard Grech said on Monday.

He was speaking during a parliamentary debate on the Second Reading of amendments to the divorce law.

As things stand today, a couple can only seek a divorce after living apart for four years, irrespective if this is a legal separation or simply a physical separation (de facto). 

Legal amendments put forward by the government will eliminate the waiting time altogether for those couples that are legally separated, irrespective if the request for divorce is by mutual consent or requested by only one of the parties. 

In those cases where there is no legal separation, the couple would have had to be living apart for six months in the previous year if both parties want a divorce. If the divorce is being requested by only one party, the couple would have had to be living apart for at least a year in the previous two years. 

The proposed changes will eliminate the four-year wait introduced when divorce became legal in 2011.

Grech said the Opposition will be voting in favour of the proposals but it will be putting forward amendments to "make the law better".

The Opposition leader suggested that the six-month waiting time be set for all cases in those instances when a couple is not legally separated.  

“If the new amendments are introduced, the way they are, we might have a situation where one party tries to influence things to their favour in cases where both of them don’t agree to the divorce,” he said.  

Grech also suggested that couples be given the opportunity to apply for divorce and separation in tandem. This he said will help to remove the added challenges faced by those going through the breakup.  

The Opposition leader also suggested the removal of certain anomalies like that of women having the choice to get their former surname during separation procedures, without having to go through divorce.  

Kicking off the debate, Prime Minister Robert Abela said the reform was in line with government’s principles of giving people the right to make their own decisions on their own lives.  

“During my time working in the court, I never met anyone who told me that the obligatory four-year wait helped them in reconciling with their former partners,” Abela said.  

He hit out at the Opposition leader for having campaigned against divorce in 2011 and accused him of supporting the changes now because it was convenient to do so. Grech formed part of the anti-divorce movement at the time.

Abela called the reform “a courageous step towards improving people’s lives.” 

“There is no logic to such a long wait. We must do everything in our power to give people a second chance,” he said.  

Former parliamentary secretary for reforms Rosianne Cutajar also addressed the House, stating that the reform will help to improve people’s lives.  

Cutajar said that politicians should not let political rivalries get in the way of helping people to get over difficult periods in their lives.  

“We must always strive to help them move on from what is a very challenging period of their lives,” she said.