Divorce in Malta : an assessment

Abstract

The aim of this dissertation is to focus on legislation in divorce matters in Malta before and after the introduction of The Marriage Act and the impact of European Union Community Legislation in Malta. We shall introduce the subject by briefly discussing the position taken by our Courts before the promulgation of The Marriage Act in 1975 with regard to the validity of foreign civil marriages and recognition of foreign divorce decrees. We shall discuss the implications and the changes brought by The Marriage Act, the introduction of Civil marriages and the legal severance of Catholic from Civil marriages. The recognition of foreign divorce decrees and the requisite connecting factors shall be assessed. Community Instruments and their impact on local legislation shall be examined with reference to obtaining a foreign divorce and successfully registering in Malta. The research will be divided in the following Chapters. Chapter I This Chapter will try to examine and define the concept of marriage in various traditions, societies and tribes. It shall focus on the Maltese scenario before and after The Marriage Act and the legal concept of divorce. Chapter II Analyzes our sources, basic notions and concepts of Private International law relating to marriage and divorce and gives a general overview. Chapter III Deals with the Connecting Factors establishing jurisdiction for the application and successful registration of divorce in Malta. We shall examine the local scenario (through case law) prior to the promulgation of The Marriage Act and the change experienced consequent to the applicability of Regulation (EC) 2201/2003. Chapter IV Will focus on the two connecting factors establishing jurisdiction presented by The Marriage Act and the difficulties and discrepancies presented by this legislation. ChapterV Deals with the Community Perspective and Malta as a Member State of the European Union. The concept of Free Movement of Persons, directly applicable Community Legislation, Green Papers and Commission Proposals regulating Divorce will all be discussed. Chapter VI In this Chapter, we shall consider the effects of divorce through a comparative study of Divorce in Ireland and the legal effects of separation in Malta as effected through Community Instruments. Chapter VII This Chapter finalises this dissertation focusing on the exequatur procedure before Malta's Accession to the European Union and after as a Member State. Conclusion Concluding Remarks - Latest Developments