Protecting the financially vulnerable spouse in matrimonial proceedings

Abstract

The present work is a study on financial vulnerability within marriage in Malta. It attempts to identify the spouse most likely to be in a state of vulnerability and the various obstacles which a dependant spouse may encounter both prior to the commencement of judicial proceedings as well as during proceedings and assessing the level of protection if any provided by the law. These obstacles are largely grouped under three main headings: the community of acquests, the family business and the matrimonial home. Each of these aspects is discussed in detail throughout the main tract of the work. It concludes with a set of recommendations, based in part on favourable foreign legislation, which are intended to cater for perceived shortcomings in local legislation insofar as the rights of the financially vulnerable spouse in Malta are concerned.