Issue link: https://maltatoday.uberflip.com/i/1318996
13 NEWS maltatoday | SUNDAY • 13 DECEMBER 2020 KURT SANSONE MALTA'S divorce legislation is set to be- come one of the more liberal in Europe if proposed changes come into force, a com- parative analysis shows. As things stand today, a couple can on- ly seek a divorce after living apart for four years, irrespective if this is a legal separa- tion or simply a physical separation (de facto). Government is now proposing a drastic reduction in the waiting period depending on the couple's circumstances. Legal amendments put forward last week will eliminate the waiting time altogether for those couples that are legally separat- ed, 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 pre- vious 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 pre- vious two years. The changes will eliminate the four-year wait that was introduced as a condition when divorce became legal in 2011. The law at the time followed the Irish divorce model that also had a four-year waiting period. The Irish law was amended last year, re- ducing the wait for a divorce to two years across the board. If the proposed changes become law, Malta will have one of the most liberal di- vorce regimes in Europe. The most liberal regime is that in the Netherlands, where no waiting period exists, irrespective of the couple's circum- stances and irrespective of whether the re- quest is being done jointly or only by one of the parties. In France, legally separated couples can seek an immediate divorce without a wait- ing period, which is similar to the Maltese government's proposal. However, the French law differs in those cases where couples are not legally separated but on- ly living apart – in these instances a two- year period is required before a divorce can be obtained. Belgium has a similar regime to that proposed by the Maltese government in instances where the couple are not legal- ly separated – six months and one year periods of living apart if the request for divorce is mutual and unilateral respec- tively. In those cases where the couple are al- ready legally separated, the Belgian law requires no waiting period if the divorce is by mutual consent – similar to the government proposal – but mandates a six-month wait if only one of the parties wants a divorce. Germany has a one-year waiting period for divorce by mutual consent, irrespec- tive of whether the couple are legally sep- arated or not, and a three-year wait if only one of the parties wants a divorce, irre- spective of whether the separation is legal or simply physical. The Bill proposing the changes was in- troduced in parliament last Wednesday by Parliamentary Secretary Rosianne Cutajar and subsequently published in the Government Gazette. The government is also proposing re- moving the provision introduced in 2011 requiring any divorce changes to be sanc- tioned through a referendum. Divorce campaigner Jeffrey Pullicino Orlando, who had started the ball roll- ing with a private members' bill to intro- duce divorce back in 2010, has expressed doubts on reducing the four-year period and circumventing the referendum op- tion. The waiting time was a compromise to win over the support of conservative vot- ers. The Cana Movement, a church organisa- tion that organises marriage preparation courses, has disagreed with the changes. The movement's president, Arthur Galea Salomone said reducing the four- year obligatory waiting period for divorce will affect the permanence of relation- ships. But Cutajar has argued that almost a decade after divorce was introduced, the time is now ripe to make changes that re- flect people's needs today. Prime Minister Robert Abela has argued that the four-year wait to obtain a divorce has caused unnecessary stress and pain to couples. Divorce changes will give Malta more liberal regime Waiting period before a couple can seek a divorce State Legal Separation Physical Separation Joint Unilateral Joint Unilateral Belgium - 6 months 6 months 1 year Denmark - 6 months 2 years 2 years France - - 2 years 2 years Germany 1 year 3 years 1 year 3 years Ireland 2 years 2 years 2 years 2 years Italy 6 months 1 year N/A N/A Netherlands - - - - Portugal - 1 year 1 year 1 year England/Wales 2 years 5 years 2 years 5 years Scotland 1 year 2 years 1 year 2 years Malta 4 years 4 years 4 years 4 years Malta (new law) - - 6 months 1 year The most liberal regime is that in the Netherlands, where no waiting period exists, irrespective of the couple's circumstances and irrespective of whether the request is being done jointly or only by one of the parties If the proposed changes become law, Malta will have one of the most liberal divorce regimes in Europe