The duties of fidelity and moral support following separation : an outdated and irrelevant concept?

Abstract

The main focus of this thesis is to examine the question of whether the duties of fidelity and moral support between the spouses are irrelevant and outdated concepts after separation proceedings. The above mentioned duties are of utmost importance within a healthy marriage, but they are not at all respected when the marriage is on the rocks and the spouses opt to live separately from each other. In the first chapter, these duties are being evaluated in a matrimonial context in order to assess the importance and relevance they have within marriage. Also, the different kinds of separation and the grounds on which spouses request to separate, are being highlighted. In the second chapter, a comparative study between Maltese law, Canon Law and Italian Law is made. These two other legal systems have been chosen because the Maltese Law regarding marriage is based on the Canon Law, and therefore in order to understand the relevance of the duties of fidelity and moral support, one must first understand their original concept, under Canon Law. Italian Law is also a significant legal system to compare with because like the Maltese Law it is based on the Canonical doctrine. In the third chapter, an analysis of adultery is made, where the 'new' definition of adultery is examined. The degree of proof required to verify an allegation of adultery in a Court of law and the legal effects of extra-marital relationships within marriage and following separation are also discussed in this chapter. The fourth chapter gives a summary of findings from a socio-legal study, which was carried out to analyse how people concerned with this dilemma actually interpret the Law. This study helps to conclude whether these duties are still significant once separation is obtained, or whether they are in fact outdated and irrelevant.