Marriage contracts and matrimonial regimes : a local and European perspective

Abstract

The aim of this thesis is to provide for a better understanding of marriage contracts, drawn up before or after a marriage and their position legally in Maltese Law as well the options for spouses in Malta if they choose to draw up a marriage contract. Spouses may wish to regulate their marriage by means of a marriage contract for financial reasons most notably to minimise any potential risk which the business, trade, or profession belonging to one of the spouses may carry with it and which may in turn become a burden on the property and finances of the marriage. I will be conducting an in depth study of the property options available to spouses, one which comes about by default and the remaining two which can be chosen by means of a marriage contract. I shall be arguing and explaining the benefits, disadvantages and financial risks which each option may carry with it along with the reasons for its attractiveness or lack of it. The penultimate chapter also delves briefly into the matrimonial property regimes available in some European states. The final chapter gives an overview of some European and International legislation that attempt to minimise the property consequences which are brought about by marriages between spouses who hail from different countries or settle in a foreign country following their marriage.