The matrimonial home in marriage and separation : a study of the evolution of the relation

Abstract

The notion of the matrimonial home is a notion which has evolved and progressed with the passage of time and legislative development. Today the matrimonial home is one of the issues which necessitates not only cooperation but compromise on the part of the spouses. This was not always the situation, in particular when one considers the reality that up to forty years ago, the matrimonial home was a concept affiliated exclusively with the figure of the husband as head of the household and the family. Upon the widening of society's mentality on the latter and with Malta's adhering to new commitments in upholding the concept of gender equality, the archaically setting up of domestic legislation required revision so as to conform with the day's reality. My reading has revealed to me that Malta was one of the very latest states in Europe to recognise the equality existent between the spouses, their vital cooperation on the choice of the matrimonial home and its protection once established. With the equality of spouses being established, in particular with regards to the matrimonial home, the role of the Courts was also given an imperative role. In determining matters on the matrimonial home, particularly in situations of personal separation, the Court has never adopted a uniform approach however, in view of the case law which has been tackled, it transpired that although the Court takes into consideration the best interests of the children in the marriage, as well as the interests of the parties concerned, the harsh reality persists, that at least one party to the marriage and the family respectively is ultimately ejected from the place which he or she once called a home. There is no doubt that a lot of progress has been made however loopholes are still present both on the legislative level as well as on the social level. Both areas may require further awareness in order to appreciate this fundamental notion of the matrimonial home and the significance of the issues which are related thereto.