A critical analysis of Article 19 (1)(f) of the Marriage Act as one of the grounds of annulment of marriage

Abstract

For many couples who cannot continue their marriage, annulment seems more advantageous when compared to divorce, since it allows them to re-marry again in the Catholic Church. This is simply because an annulment considers that the marriage was null ab initio. To obtain a declaration of nullity, there must have been a marriage contracted between the parties, and therefore the institute of marriage will also be given importance in this research. In marriage, the essential element is that both parties have freely consented to the marriage. The element of consent is also one of the essential requisites in contracts, and if it is vitiated or not present at the time of the conclusion of the contract, that same contract can be annulled. Marriage is also a contract. Indeed, it is a contract between two parties, the husband and the wife. Therefore, there are similarities between regular contracts and marriage contracts. The Marriage Act, specifically article 19, provides the various instances when the marriage can be declared null by our courts, and these instances are based on cases where the consent was vitiated. This study will focus on article 19 (1)(f) which deals with simulation. The principal objective of this study is to explore how the Maltese courts deal with annulment cases when they are instituted on the basis of article 19 (1)(f) of the Marriage Act and how successful such cases are in practice.