TIRANA, March 26- The number of divorces in Albania has doubled since the late 1990s, a statistic that encourages the experts to come to the conclusion that the Albanian family is in crisis. Over 80 percent of claims filed in court are by women and for the most part the main cause of divorce is violence. Children are victims of conflicts between parents during and after this process.
Psychologists, bailiffs and representatives of state institutions to raise concern that mothers encounter mostly non-payment of alimony from the fathers of their children, while the latter encounter obstacles in meetings with the children. In these circumstances, the parties address the execution by bringing thus a duplication of enforcement practices compared to 5 years ago.
Legal and social affairs experts in Albania note that the Albanian family has been in crisis for nearly two decades. This finding is supported by the doubling in the number of divorces compared to the end of the 1990s, to reach a 4500 divorces in 2017. In more simple terms, nearly 20 percent of marriages end up in divorce. This is a lower figure compared to Western countries, but divorce in Albania carries another weight because its consequences are more severe due to the economic and social conditions.
About 85 percent of divorce claims numbers in court are registered by women. Violence is considered as the main cause and constitutes over 80 percent of the cases, followed by drug addiction in partners, gambling, betrayal, mental and/or physical disability, deception, or differences in priorities and mentality.
“As soon as they arrive at the court doors, the situation is already very agitated. Many women come with protection orders. Somebody comes from forensics, someone else comes from a very conflicting situation,” said lawyer Denisa Daka.
During and after the marriage settlement process, the ones who suffer the most from the consequences of all the conflicts are the children. Lawyer Daka said that many men and women consider their children as aspirins to save their marriages, however that doesn’t work. There is a considerable post-divorce trauma noticed in these children.
“Children present problems with their self-esteem, emotional state, sometimes become aggressive, because the first year of the parents’ divorce is always the most problematic, as it changes their whole way of life,” said psychologist Greta Talo.
Usually the children turn into a battlefield between their parents after a divorce. According to statistics, most mothers are faced with the problems of non-payment of the food pension from the father. Bailiff cases for food pensions have almost doubled compared to 5 years ago, reaching nearly 6500 in 2018. The overwhelming majority of court decisions pass for compulsory execution. Executors say they face massive efforts by the debtor party, mainly the father, to hide their wealth.
Executor Etleva Zeqiraj said that the hardest part in executing decision is related to the fact that the debtor has no wealth, or no legitimized wealth at least. The other situation faced is that the debtor prevents the execution, meaning the debtor hiding or has altered their wealth. The reason for the non-execution of titles is the informality in the employment sector.
Expert near the Ministry of Health and Social Issues Etleva Sheshi said that the Association for Civil Law Initiatives has made a notice of court decisions regarding this situation. In the case where the parent does not have the declared salary as much as they are paid, but has declared it to a minimum wage and the court based on this will also decide on the food obligations, either when they are unemployed, an immigrant, a divorced and has fled, and they do not have the declared income. This is a problem that often leads to not-paying the obligatory pensions for the children and thus the mothers are forced to cover all the expenses by themselves.
“But we also have had very serious cases when statesmen and rulers have refused to give pensions to their children or business people who have hidden assets to arrive at a drastic decision and to provide a low allowance for food for their children,” said lawyer Denisa Daka.
In the enforcement issues of meetings with children, the fathers are mostly the affected party compared to the retirement pension, where they are mostly debtors. The practice of meeting with children has doubled compared to 5 years ago to reach 1100 in 2018. To protect the child’s best interest is the most difficult thing for the bailiff. Executor Etleva Zeqiraj said that often the debtor parties have learned a cheat trick by teaching the children to cry when the parent is approaching. Here bailiffs face two dilemmas of maintaining the highest interest of the child. The judicial bailiff is indeed the authority charged with executing the law, but they can not bring the child through influence. That is why the psychologist is needed in these cases.
Many women are attracted to divorce for economic reasons but also those who manage to settle their marriages, are also faced with many difficulties. Those women who survive heavy conflict in families where violence is generated all the time, have serious problems after divorce. Apart from being prejudiced by the environment, society and family, they are also often left without employment and homes. Authorities say that in favor of divorced women it is intervened with economic aid, social housing and rent bonuses for violated women with protection orders, and those who are household heads.
Etleva Sheshi from the Ministry of Health said that the relevant employment offices pay the employer who grant job to women at 115 percent of the minimum wage for a contract period of no less than one year. Another part that the employment office does is paying 100 percent of the amount of health and social insurances to the employers of these target group. Against government measures, divorce in itself remains a very difficult process. Since 1990 in Albania, nearly 677 thousand couples have married under the oath “Until death do us apart”, but over 80 thousand of them have broken this oath.
