Grounds for personal separation : case law

Abstract

This short exercise intends to collect and discuss pertinent case law in Malta regarding the causes of personal separation as they obtain under current legislation. The Chapters have been divided under the broad headings or each of the causes as they are set down in the law. Although the causes of personal separation are reasonably clear under our Civil Code, I consider case law to be quite important here. Our Courts have, from time to time been required to determine the interpretation of the letter or the law under particular grounds. In other cases where no interpretation has been necessary, it is interesting to see whether the facts of the case have been considered by the Court as justifying personal separation.