The legal aspects of marriage breakdown in private international law

Abstract

The aim of this thesis is mainly to elaborate on the legal aspects of marriage breakdown in the light of Maltese private international law rules on family law.

Introduction: gives a brief description of private international law and matrimonial causes in private international law.

Chapter 1: deals with the concept of marriage and the interpretation of Maltese private international law rules applicable to matrimonial causes.

Chapter 2: deals with some preliminary considerations with respect to matrimonial causes.

Chapter 3: examines legal separation.

Chapter 4: deals with divorce.

Chapter 5: examines annulment.

Chapter 6: examines one of the primary consequences of marriage breakdown which is the custody of children.

Chapter 7: deals with recognition and enforcement of foreign judgments.

This subject is very vast and this thesis is definitely not exhaustive. Certain issues involved, such as mediation, custody, maintenance and so on may be the subject of a thesis on their own. As has been also emphasized in this thesis, the subject itself and the issues that arise are not purely legal but impinge on the very nature of society and its values since marriage breakdown inflicts inevitable hardship on all concerned. Thus, a tentative harmonisation of private international law rules in the sphere of Family Law, although a challenging yet definitely tough feat, would grant legal certainty in the international scenario.