How are our courts preventing the dissipation of assets?

Abstract

This research provides an understanding of the term 'dissipation' of assets. It determines how the Maltese law courts safeguard the rights of the 'innocent' spouse in a case of marital, financial misconduct. In particular, this study identifies the conduct engaged by spouses who intend to waste the community of acquests' assets. This research further enquires on the impact of court decisions upon spouses. Precisely how a preliminary injunction or termination may negatively burden the receiving spouse. For the achievement of a better understanding, the research also makes a Common law comparison and analysis. In particular, the comparison briefly outlines the distinctions between the 'fault' and 'no fault' theory and how courts equitably distribute the assets of the marital community according to the circumstances of the spouses.