A comparative analysis and examination of Act XIV of 2011 on divorce

Abstract

The present work is intended to analyse the formulation, introduction and implementation of Act XIV of 2011 which introduced divorce legislation to Maltese islands. Although a number of aspects of the law are considered special attention is dedicated to the requisites necessary in order to receive a decree of divorce in Malta with specific chapters being dedicated to the necessity of living apart for the requisite period of four years, the proper provision of adequate maintenance and the prospect of reconciliation. A full chapter is dedicated to the rights of the child, particularly the child’s right to freedom of expression. Broadly speaking, the purpose of this work is largely two-fold. Firstly, a thorough examination of Act XIV shall be carried out. The various provisions shall be outlined and dissected and the implications of each shall be carefully explained and illustrated to the jurisprudence which has accumulated thus far. Secondly, the work shall, for the most part, compare the aforementioned Act XIV to the respective legislation found in various European jurisdictions, particularly to the Irish Family Law (Divorce) Act. When pertinent the situation in America and India shall also be considered. Through this comparative analysis the author attempts to identify the difficulties and uncertainties experienced by foreign jurisdictions in order to provide solutions for similar local problems caused by the introduction of divorce whether legal or sociological. As a result of this exercise, a number of problems capable of inhibiting the proper functioning of divorce in Malta are identified and solutions based on the approaches adopted by foreign jurisdictions such as Switzerland and Germany and suggested. Problems caused by the idiosyncratic wording of Act XIV are likewise addressed following the examination of similar provisions in foreign legislation and jurisprudence.