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2011 Maltese divorce referendum

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The divorce referendum was a consultative poll held in Malta on Saturday, 28 May 2011, in which the electorate voted to permit the introduction of divorce. Malta is currently the only European country in which divorce is not permitted. The outcome of the referendum will have no effect until the Parliament of Malta enacts the necessary legislation.

Background

The Family Law (Divorce) Bill was introduced as a private member's bill, tabled in the House of Representatives by Jeffrey Pullicino-Orlando, a Nationalist backbencher. Constitutionally, it would have been possible to introduce divorce without a referendum, but the government decided to consult the electorate before changing the law. The text of the bill, which was changed twice, did not provide for the holding of a referendum. This was eventually provided for through a separate parliamentary resolution authorising a facultative, non-binding referendum to be held. The resolution was adopted on 16 March 2011 under the terms of the Referenda Act.

Question

The English version of the question put to voters was as follows:

Do you agree with the introduction of the option of divorce in the case of a married couple who has been separated or has been living apart for at least four (4) years, and where there is no reasonable hope for reconciliation between the spouses, whilst adequate maintenance is guaranteed and the children are protected?

The proposal resembles that approved by Irish voters in 1995, when divorce was legalised in the Republic of Ireland. In the Irish divorce referendum voters approved an amendment to the constitution stating that divorce may be granted but only if: (1) the spouses have lived apart for at least four years during the previous five, (2) "there is no reasonable prospect of a reconciliation between the spouses" and (3) "such provision as the Court considers proper" is made for both spouses and for any children.

Results

At time of writing exact results are not available - but it appears the referendum has returned a Yes vote, with the support of approximately 54% of voters. The final ballots are still being counted and the Prime Minister, who campaigned for No, has conceded defeat.

Divorce Referendum, 2011
Choice Votes %
Referendum passed Yes 122,547 53.16
No 107,971 46.84
Invalid or blank votes 2,173 0.93
Total votes 232,691 100.00
Source: Department of Information

References

  1. Malta to hold divorce referendum in May (AFP) – Mar 16, 2011
  2. Motion 165 (the Eleventh Parliament)
  3. Writ by the President of Malta dated 28th March, 2011
Malta Elections and referendums in Malta
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See also: Presidential elections

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