Malta is the last remaining European Union member and alongside the Philippines and Vatican City one of the only three countries left in the world that bans divorce.
Marriage - and abortion which Malta also prohibits - is often the battleground in a struggle between church and state on the church’s role in society and its amount of political influence. It was only in recent decades that other strongly catholic countries like Italy and Spain allowed divorce. The last country to legalise divorce was Chile in 2004.
Though couples hope and dream of a life time love, some marriages break down. New families are founded. In a society where divorce is denied, new couples are forced to cohabit without any legal basis for them and their children.
The right to divorce is all the more important for women in abusive relationships. Every fifth woman in the European Union experiences violence by her partner at least once in her life time. Respecting the „Death do us part“ can be life-threatening. Men’s violence in intimate relationships is the main cause for death or disability for women between 16 and 64 years.
Until now, couples whishing to divorce must either become domiciled abroad or, if one of the parties is not Maltese, they can apply for a divorce in their own country (in contrast to the Philippines not recognising divorces obtained abroad). Those unable or simply not having the financial means to seek divorce elsewhere have the two alternatives legal separation or annulment. The former enables the division of shared property, but partners cannot remarry. The latter allows for this possibility, but the process can take up to nine years. The ecclesiastical authorities have the right of veto.
Taking Ireland as an example where divorce has been legalized in 1995, Jeffrey Pullicino Orlando, a member of the ruling centre-right Nationalist Party, had shocked his own party when presenting a bill in parliament for the introduction of a conservative form of divorce last July: The proposal provides the possibility of divorce after having been lived apart for four years and as long as spouses and dependents are provided for. Prime minister Lawrence Gonzi who is strongly against divorce eventually decided to call a referendum.
On Saturday 28 of May 2011, the Mediterranean island’s nearly 400,000 mainly Catholic voters were asked in the historic referendum whether Parliament should legalise divorce. The referendum was highly controversial. A pre-poll survey had found around 40 per cent of the electorate undecided. When Ireland had voted for the first time in 1986, the outcome had been a No.
52.67 per cent of people voted in favour of divorce in the nonbinding referendum. Deborah Schembri, Chairperson of the Moviment Iva campaigning for the legalisation of divorce, said she was extremely happy that the Maltese care about the suffering of others[1]. Saviour Balzan from Malta Today welcomed the outcome, saying that Europe is not just directives and legal impositions, it’s also about culture[2].
Prime minister Gonzi stated that the will of the majority will be executed and a divorce law will be enacted.
WAVE highly welcomes the outcome of the referendum and urges the Parliament to follow through the will of the people as soon as possible by enacting a divorce law and respecting the right to choice.
Links: Women against Violence Europe (WAVE): http://www.wave-network.org
For further information, please contact: Maria Rösslhumer, tel.: +43 (0) 664 7930 789, maria.roesslhumer@aoef.at; Sonja Plessl, tel.: +43 (0) 1 548 2720-20, sonja.plessl@wave-network.org



