The evaluation of discretion of judgement in marriage nullity cases before the Maltese civil court and the metropolitan tribunal in recent years

Abstract

Grave lack of due discretion of judgement concerning marriage of one or both spouses is one of the most pleaded grounds in marriage nullity cases (annulments) at the Maltese Civil Court and the Metropolitan Tribunal. This dissertation attempts to investigate the understanding, interpretation and application at both courts in view of Article 19(1)(d) of the Marriage Act (Chapter 255 of the Laws of Malta) and Canon 1095, 2 of the Code of Canon Law of the Catholic Church. This evaluation takes place in two ways. First, through a literature review on the serious defect of discretion of judgement. This bibliographical overview is done within a broader presentation of civil and canonical marriages and the use of psychological experts in such contexts, with particular reference to features of the local Civil Court and Metropolitan Tribunal. Second, through a qualitative analysis of twenty annulment judgements given between 2011-2021 — ten by judges from the local Civil Court and ten by judges from the Metropolitan Tribunal — that had examined this ground of nullity. This research attempts to address questions like: What is the understanding of this ground of nullity according to the Maltese civil and ecclesiastical courts? Where there any key developments in the interpretation and application of the judges in recent years? Are there major differences in how judges from the two courts decide cases featuring this ground?