The legal empowerment of women in relation to maintenance in marital breakdown and its ramifications in the law

Abstract

A duty of financial contribution by the wife was introduced by the amendments to the Civil Code by virtue of Act XXI of 1993 making both spouses equal partners in marriage. The amendments to the Civil Code by virtue of Act XIV of 2011 introduced divorce legislation into Maltese Law, which brought further amendments to the maintenance provisions in marital breakdown. The Introduction focuses on the amendments introduced in the Civil Code by virtue of Act XXI of 1993 and Act XIV of 2011, particularly on the reciprocal contribution of the spouses to the well-being of the family. A definition of maintenance is here given and the researcher delves into the various factors which hinder women post-marital breakdown from being able to go back to work. Chapter 1 seeks to analyse the extent, if at all, to which the criminal and civil remedies provided by Maltese legislation are effective in safeguarding or improving the situation of Maltese women following marital breakdown. Chapter 2 briefly introduces the separation and divorce procedures of different member states focusing particularly on the Maltese, Italian, Irish, English and French jurisdictions. This Chapter also analyses the element of spousal maintenance in marital breakdown of these jurisdictions and also the remedies which such jurisdictions offer to the spouse who is in the weaker financial position post-marital breakdown. The analysis of these remedies could enable the researcher, if possible, to seek a more effective remedy to the wife in terms of enforcing maintenance payments by the husband after separation or divorce. As a conclusion the research project lists a few proposals which, if followed, could possibly help in safeguarding or even improving the situation of Maltese women following marital breakdown.