The need for legal reform to address the challenges of new kinds of families

Abstract

The Institute of Divorce which was introduced in Malta in 2011, provided inter alia for the legal right of divorcees to remarry. As a consequence a new family construct was created, one which the law does not regulate appropriately for. This dissertation aims to examine the complex issues which arise out such family formation. This study shall commence by delving into the definitions and the legal understanding of the salient aspects of marriage, divorce and family. Thus incorporating the blood, and legal relationships, with a peculiar mix of ‘legal strangers’ between the step child and the step parent. Chapter 2 is dedicated to Stepfamilies in general linked to Children’s rights, thus incorporating the most fundamental legal concepts of the new family, including the moral, psychological and economic aspects. In Chapter 3 an analysis is put forward on how other countries have successfully legally dealt with the introduction and acknowledgement of such family dynamics. Following such, the dissertation will explore the legal definition of the head and household, and the few mentions of a step child in the Social Security Act Chapter 318 of the Laws of Malta. The afore-mentioned solicited such an analysis in order to analyse whether there are any legal discriminatory treatments towards stepfamilies, or any of its step members. Lastly the legislative reforms suggestions, aim at bringing the present gaps in our law and in turn favour the promulgation of new laws. Whilst the further questions was included in hope that further studies are taken up in order to arrive to laws that will aim at regulating and conclusively arriving to the recognition of the legal status and fair treatment with such new families.