Pro-divorce lobby accuses anti-divorce of ‘malicious’ mistranslation

Schembri was reacting on Saturday to a newly unveiled billboard set up by the Moviment Zwieg Bla Divorzju which reads “Divorce without reason. No thanks”, a message she said was similar to those being propounded by Church representation.

In her address, Schembri accused the anti-divorce lobby of "maliciously" mistranslating the definition to "intentionally mislead the public" as to what is being discussed. “I know for a fact that the lobby’s core group is made up lawyers who know the difference between ‘reason’ and ‘fault’,” she said.

“I cannot but be concerned at the idea that the lobby is intentionally attempting to mislead the public," she said. Schembri added that this “misleading” definition of no-fault divorce “only serves to convey a mistaken idea that divorce is frivolous and unnecessary.”

Schembri also said that existing separation procedures (required for anyone requesting a divorce) already address fault-based issues. “Where we to set up a fault-based divorce, we would only be addressing the same issue twice,” she said.

“Fault is already part of the system. The idea that ‘guilty’ parties would be rewarded is completely flawed.”

Schembri was speaking during a press conference where she explained certain finer points of the divorce bill currently tabled in parliament.

She said that eligibility for divorce hinged on either having already lived apart for the previous four years out of five, or been separated for four years. “This means that, contrary to what is being said, there is no way that someone can wake up one morning, and immediately get a divorce."

She also stressed that divorce eligibility is also conditional on the exhaustion of any chance of reconciliation, and that the new divorce laws would ensure better protection of the rights of those involved – particularly those who are dependent on the family.

“We are not proposing an open door which people can use to run away from their obligations,” Schembri said.

She also said that given how any divorce that is requested would take into account (and fully respect) any previous separations handed out by the courts, or be amalgamated with ongoing separation cases (should the spouses wish it so) “it will not create the legal chaos that many are saying it will.”

She pointed out that separation will become part of divorce proceedings, explaining that any couple who wish to obtain a divorce would be required to separate first, and follow existing separation procedure.

Referring to maintenance and child support, Schembri said that such issues would be handled at the separation stage, adding that so too would be fault-related issues.

 “I cannot understand how some are calling for a fault-based divorce when issues such as adultery, abandonment, abuse, already fall under separation procedures,” she said. “Even with the introduction of no-fault divorce, these consequences will be shouldered as is just.”

“Fault is already part of the system. The idea that ‘guilty’ parties would be rewarded is completely flawed,” she said.

Responding to those calling for a fault-based divorce, Schembri asked “since they are already handled at a divorce stage, what need would there be to the same issues covered twice?”

Schembri added that other countries who once had fault-based divorce had since moved away from it. “It became clear to them that during fault-based divorce proceedings, children often became tools at the mercy of spouses wrestling to avoid blame.”

“Those who are recommending it either don’t know what it means, or do not really have the best interests of children at heart,” she said.