Recognition of divorces

Abstract

The recognition of divorces is something relatively recent for Malta. As we shall be seeing in the first chapter "uniformity" is today considered the basis of "recognition". Limping marriages are not desirable. It should be realized that "recognition" does not in itself create a new state of affairs. It recognizes a situation already created abroad. For a long time no divorce could be recognized in Malta. This was the effect of having Canon law as our law on the matter. Divorce was in fact considered as being contrary to our Public Policy. As we shall be seeing later on in this thesis, this state" of affairs is now a thing of the past. Special laws have been created to enable the recognition of divorces. This fact in itself illustrates the fact that divorce cannot be said to be against Maltese Public Policy today. It would be ridiculous to argue that a matter condoned by law is against our Public Policy. Divorce as .an institute has therefore been granted recognition, and some divorces are now recognizable in Malta. Today however there is great discrimination exercised by the law in selecting which divorces should or should not be recognized. This discrimination is mostly on a personal basis rather than one of the justice of divorce concerned. Thus it is only when one of the parties is a foreign national, or has a foreign domicile, that the recognition of a divorce is possible. It is not even clear when the person concerned should have been foreign domiciled, or a foreign citizen, at the time of the decision concerning the divorce or else when the recognition of such divorce is required. This flaw in our 1975 law on the matter is in fact a I characteristic of the whole law concerning the recognition of divorces. This is naturally most unfortunate, not only for the couple requiring the recognition of their divorce but also for various other people who might be involved, such as children of other marriages and other questions of alimony and maintenance. In the conclusion of this thesis a, list of mechanism on divorce in various countries is provided. This not only illustrates the universality of the "institute" (which can hardly be considered recent. Divorce was the norm in Roman time), it also demonstrates the fact that this is a hetrogenus world. It is ridiculous and undemocratic for Malta to try and impose its norms on the rest of the world. We have now recognized the fact that there is such a thing as "divorce". The proper mechanisms should now be proveded to make it available to those who wish to use it. In this thesis it has been submitted that the mechanisms preamtly available in the context are inadequate, discriminate without any basis, inefficient, sometimes vague, contradictory, cruel, and illogical. A change is certainly necessary as should be obvious to anyone who is prepared to consider the matter objectively.