Until recently there was no divorce legislation in place and an individual could only resort to institute proceedings for the annulment of the marriage or else re-locate outside the Maltese jurisdiction and get a divorce from another jurisdiction and then register it in Malta. There had been so many debates about the introduction of divorce as part of our legal system. Finally the decision was taken after a referendum and the legislation was put into place in a short period of time.
One is to note that Malta was the only European Union member state that did not have divorce and this could also be seen as a discrimination against the Maltese as European Union citizens. The European Union tries to promote the uniformity of the laws of the member states and in this particular case the Maltese citizens did not have the opportunity to re-marry once there is the irretrievable breakdown of their marriage. However, this could have been by-passed by those who have enough funds and opportunities to change their place of residence to another jurisdiction where they could have be able to obtain a divorce and move on with their lives. Seen from this perspective it was unfair that not all Maltese citizens, being also European Union citizens had the same opportunities. The disadvantage was in the sense that the fact that in order for citizens to change their place of residence, live and work abroad, it is not as easy as in other member states where one could travel by car through borders because of the fact that we live on an island. Here again one can see that not everyone will have the same opportunities and is financially able to take these steps until the introduction of divorce in Malta.
Another aspect that one had to consider was and still is an inter-mingling of cultures, which exposes the Maltese people to different social and cultural realities. This could change the concept of marriage from one culture to another and will expose the parties to realities like divorce that were not part of their upbringing and therefore alien to their knowledge. This does not necessarily mean that it will have a negative impact on the marriage or beyond acceptance, however there are certain issues that could be shocking or beyond acceptance for one who has been brought up in a Catholic environment. Therefore, the concept of marriage can also change from one place/culture to another as also the concept of divorce, which is not necessarily performed in a way that is recognized in other jurisdictions.