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No divorce please, we’re Maltese

While other jurisdictions may grapple with the concept of same-sex marriage, the Malta Independent reports that family lawyer Emmy Bezzina is trying to get civil divorce recognised in that country.

Bezzina’s case challenges the dominance of the Ecclesiastical Tribunal over the Civil Court in annulment of marriage proceedings.

Currently, Maltese citizens are not able to obtain a divorce in Malta, but the Marriage Act recognises a divorce or an annulment granted by a competent foreign court.

As Dr Bezzina explained, “This, in effect, means that if you are rich, you can get a divorce abroad but if you are not, you would be imprisoned for the rest of your life”.

It was not clear from the context if Dr Bezzina is talking about literal incarceration, or the kind of imprisonment that flows from being trapped in an unhappy marriage.

At any rate, he is hoping that Malta’s EU membership will mean that EU law trumps domestic legislation on divorce.

 

 

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