Staying focused on enhancing our country’s civil rights policy in the midst of a pandemic and its accompanying woes is no easy feat. And, yet, that is precisely what we did last week with the proposed amendments to the divorce law of 2011 that I tabled in parliament.
What I have proposed is that couples who are already separated at law may immediately apply for a divorce while those couples who are living separately can, through a joint request, apply for a divorce after six months or after a year in cases in which the parties disagree on the request for divorce.
Throughout almost a decade in public office, many have come to me with their troubles and personal experiences, particularly as to how the law was hindering their chances for another go, another fresh page in life.
The proposed amendments seek to safeguard our people’s fundamental right to private and family life – with no unnecessary interference from the government.
These are by far not the only major reforms this administration has piloted. Indeed, the amendments being put forward build upon previous landmark legislation, including the Cohabitation Act and the Civil Unions Act.
These amendments are going to help those who need divorce to avoid the unwarranted delays that continue to complicate matters for our families in an undesirable way.
It certainly does not make sense to keep punishing a couple whose marriage has ended in an irrevocable manner.
What is the point of sustaining a situation in which conflict is not only part of the bond that has ended but begins to spill over and affect a potential new family, simply because an individual has to wait for four years before being able to move on with her or his life?
Couples already separated at law may immediately apply for a divorce- Rosianne Cutajar
A successful marriage is all well and good. However, we need to be honest with ourselves and concede that this is surely not always the case. We are not slashing the waiting time for obtaining divorce in a considerable way because we are insensitive or because we wish to assail the concept or the strength of marriage itself. On the contrary, these amendments are actually recognising our present realities and needs, including the serenity and stability in the lives of our children in a most responsible and effective way.
Besides doing away with the four-year wait introduced as a condition in 2011, these legal amendments are also making crucial distinctions between statuses of legal and physical separation while, at the same time, catering for the scenarios of a consensus, or the lack of it, between the couple with regard to a decision to request divorce.
In shaping its divorce legislation a decade ago, Malta followed the Irish model and, in 2019, Ireland itself cut down the waiting time for divorce by half. We are ever attentive to developments around us and if the proposed curtailing of the waiting period for divorce becomes actual legislation Malta will have one of the more progressive setups in Europe in this regard.
And, even then, this is never merely a question of how progressive we are. It is, rather, a matter of how closely and how well we manage to listen to the pressing needs of our people.
It is a matter of how far we, as lawmakers, succeed in putting into action the wisdom, as the late Oliver Friggieri would remind us, that our people, our society, the needs of our nation and each member of our community be our foremost guide and teacher.
The revisiting of Malta’s divorce proceedings upon their 10-year anniversary is driven by our social pact with the people we represent.
One can never underestimate the importance of ensuring stability in the lives of our couples and individuals without having to put their lives on hold for years on end, with the harrowing consequences that such a tortuous wait brings with it.
In the same way that I spearheaded the cremation law, I am resolved to take forward this personal initiative, which the prime minister has supported me in, because the requirements of our citizens cannot be placed on pause.
It is important to legislate and to update across all sectors all that concerns our people’s pursuit of a fulfilled life. An infrastructure for the serene and stable lives for our people is my responsibility.
The country cannot accept having a lazy opposition that wakes up weeks after we flag an issue and, even then, only to point its accusing finger without so much as a proposal of substance.
Credibility comes from building towards informed, updated and relevant policy and from actioning it.
I am as determined as ever to deliver on the necessary reforms entrusted to me by our prime minister.
Rosianne Cutajar is Parliamentary Secretary for Civil Liberties and Reforms.