The German presidency of the EU is looking into the objections raised by Malta on a proposed new EU regulation governing legal jurisdiction in cases of cross border divorces.

The proposal allows people to choose which legal jurisdiction they would come under, based on their nationalities or their residency, facilitating possibilities for divorce procedures in some cases. The government has threatened to block the so-called Rome III regulation proposed by the Commission last July unless the island is legally assured that the new rules will not be applicable to it.

Speaking to The Times of Malta, Brigitte Zypries  said that "We are thinking of inserting in the text of the regulation a specific article stating that these new rules will not apply to Malta. We are aware that Maltese law does not allow divorce and so we agree with the government that this has to be respected. What we are studying is the possibility of having a specific article stating that Maltese courts have no jurisdiction on divorce matters and thus this regulation cannot be implemented in Malta. I think that this should be enough to solve the problem," she said.

However, the opt-out clause from the proposal as demanded by the Maltese government will be very difficult to obtain as it requires a change in the EU treaty. Yet, Ms. Zypries explained that "Our intention is to make sure that Malta obtains legal certainty on this issue. There will be no change to the current situation on divorce in Malta with the introduction of this regulation," Ms Zypries said.

In turn, Alternattiva Demokratika Chairperson, Dr Harry Vassallo has voiced concern on the absence of divorce in Malta, saying that it is unacceptable that partisan interest comes before the needs and the wishes of a growing sector of the population. "The ever growing number of couples who would like to be married and are obliged to cohabit because of the absence of divorce in Malta cannot continue to be ignored by the other political parties," Dr Vassallo said.