The evolution of Maltese legislation relating to cohabitation : has the reform gone too far?

Abstract

In this dissertation the author will examine the evolution of Maltese Legislation relating to cohabitation. The aim of this dissertation is to determine whether the most recent reform has gone too far and possibly, identify short comings, if any, or improvements which may ameliorate the position of cohabiting couples. Finally, the author’s perspective on these recent reforms will be addressed in the conclusion. Up until 2017, Malta did not recognise any form of cohabitation and individuals who lived together, who were not married or in a civil union, had no rights and duties at law. The Maltese Legislator sought the need to address this lacuna and a bill entitled the Civil Partnerships and Rights and Obligations of Cohabitation Act was proposed, but never enacted. Later, Chapter 571 of the Laws of Malta through Act XV of 2017 was enacted, however, this was heavily criticised due to the need to grant more rights and to create obligations to involved persons. Chapter I delves into a discussion on the three (3) types of cohabitation which were introduced through the Cohabitation Act in 2017, Chapter 571, namely, de facto cohabitation, unilateral declaration and cohabitation by contract. This Chapter explores the various rights granted through this legislation as well as the views of some of the Members of Parliament in relation to Chapter 571. Chapter II examines the Cohabitation Act of 2020, Chapter 614 and highlights the rights as well as the various provisions enshrined in the Act. The Marriage Act and the Civil Unions Act are compared with Chapter 614, in order to identify the similarities and the differences between them. Moreover, this Chapter provides an interview which were addressed to Mr. Michael Camilleri who is the Director of Human Rights Directorate, by the author. Furthermore, reflections and suggestions on the Cohabitation Law in Malta are also put forward by the author. The Cohabitation Acts which were enacted in Malta and a comparative analysis of the legislation regulating cohabitation in Europe are analysed in Chapter III of this dissertation. Therefore, reference will be made to the Cohabitation Rights Bill under English law, the Law Number 76 of 2016 in Italy and the concubinage in France.