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Happily ever after?

May 28, 2011

Malta is the only country in Europe where divorce is prohibited, but this may be about to change. Voters on the Mediterranean island are casting their votes in a controversial referendum on legalizing the practice.

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Torn postcard of a couple on their wedding day.
Malta is the only country in Europe to prohibit divorceImage: Bilderbox

Couples currently embarking on marriage in Malta are unique. Maltese law dictates that when they tie the knot, it really will be until "death do us part."

Alongside the Philippines, Malta is one of only two countries in the world which has outlawed divorce. It is also the only country in Europe to prohibit the practice.

Yet, a controversial referendum on Saturday may bring this to an end. In what looks set to be an extremely close result, voters in Malta are heading to the polls to cast non-binding ballots on whether or not they think parliament should introduce a new law which would legalize divorce.

Although legal separation is widespread among Malta's 400,000 inhabitants, people are not normally aloud to remarry.

Call for moderate divorce laws

But in July last year, Jeffrey Pullicino Orlando, a member of the ruling center-right Nationalist Party, proposed a change in the law. He shocked fellow politicians by presenting a bill advocating a conservative form of divorce.

Based on the system in Ireland, Orlando suggested that couples should be eligible for divorce after four years of separation.

Malta's Prime Minister, Lawrence Gonzi with his wife.
Malta's Prime Minister, Lawrence Gonzi, is firmly opposed to introducing divorceImage: AP

Prime Minister Lawrence Gonzi stands firmly against the proposal. But with just a one seat-majority in parliament, he was unable to dismiss it outright, deciding instead that the public should be consulted in a referendum. He asserted, however, that divorce provided "no solutions."

"We have to help people whose marriage has broken down, but we also have to help couples prepare better for marriage so that marriages do not break down and the value of an indissoluble marriage is bequeathed to the young," Gonzi said.

Divided opinion

Backed by the Catholic Church, the pre-referendum "no" campaign reasserted the sanctity of marriage vows, arguing that legalizing divorce would encourage marriage breakdowns and destabilize families.

Meanwhile, the "yes" camp focused its efforts on encouraging voters to bear in mind couples who were separated and want to start a family with a new partner.

Political parties kept out of direct campaigning, afraid of losing support over the highly contentious issue. Opposition leader Joseph Muscat pledged his support for the introduction of legal divorce over the objections of several members of his own party.

"The divorce referendum is a vote for modernity and an opportunity for those whose marriage has broken down to be able to start afresh," Muscat said on Thursday, the last day of campaigning.

Early polls suggested that the pro-divorce campaign had the advantage, but with 40 percent of people saying that they were undecided, the vote could go either way.

Moment of truth for Catholic Church

The result due on Sunday afternoon is being seen by many as a test of the influence of the Roman Catholic Church in a country where 72 percent of people still say they go to mass on Sundays.

Only divorce granted abroad is recognized in Malta and the church very rarely offers annulments - declarations that the marriage never lawfully existed - in a procedure which can often take up to eight years.

Chile was the last country to legalize divorce in 2004 after a fierce public campaign.

Author: Charlotte Chelsom-Pill (AFP/Reuters)

Editor: Kyle James