Is there still scope for enacting the cohabitation bill after the enactment of the civil unions act?

Abstract

By the enactment of the Civil Unions Act of 2014, Malta provided same-sex couples with legal recognition. Moreover, bar the name, these couples were given approximately all the rights and duties enjoyed by married heterosexual couples. Heterosexual couples may also enter into such a union, thus questioning the demand of enacting a cohabitation act. This study therefore makes reference to the institution of civil marriage in Malta in comparison to the newly enacted Civil Unions Act, in order to highlight the similarities of both laws, in contrast to the Proposed Cohabitation Bill of 2012. Hence, this study analysis the legal rights and duties provided to couples by these laws, which in turn should reflect the developments of society. As the rate of cohabitation rises, so does the need to enact laws which regulate the relationship between unmarried cohabitees, in particular by providing property provisions applicable to them after these relationships come to an end. Unmarried cohabiting couples would have opted out of the institution of marriage for personal reasons, thus assuming that these couples would not enter a civil union if this entails the same rights and obligations as married couples. This study emphasises on the need to provide unmarried couples with limited rights and obligations, enough to regulate the issues which have had to be resolved by the courts. A comparative analysis is made with other European countries in order to evaluate the legal frameworks adopted by them; particularly since many of these countries have introduced laws regulating civil union and laws regulating cohabitation. Although it is without a doubt that great progress has been made in Malta, unmarried couples cannot go without being regulated at least with limited rights and obligations.