The divorce requirements under Article 66B(a) of the Civil Code : an administrative burden or a rational time frame? : a comparative analysis

Abstract

Divorce law has been a part of Maltese legislation for just over a decade. The recent amendments to the law have moulded it to become more liberalised. Is Malta breaking away from traditional christian norms to comply with the modern standards of western society? Most studies in relation to Marital breakdown pertain to the US and Northern Europe. Hence, it is imperative to shed light on Southern European states and compare them to other jurisdictions. The main focus of this study is the waiting periods enforced on spouses who wish to dissolve their marital ties. This study went into how these work in practice and whether they are effective in achieving their aim, to get couples to rethink their separation and hopefully reconcile. The benefits of both short and longer periods were analysed, together with the hardship they may bestow upon the estranged spouses. Bill 182 of 2020 was analysed in great detail. The law is a living phenomenon and it is alive within society. Interviews were conducted with lawyers working within the field of Family law. These sessions shed light on how divorce law works in practice, and how the requirements set out within Maltese legislation effect estranged spouses. A comparative analysis was then undertaken to compare the Maltese divorce regime with that of other states. Different regimes lead to different outcomes. The history of divorce legislation, current law and the interplay between law and society of different jurisdictions was delved into. Comparing Maltese law to other jurisdictions aids in identifying areas of our law which need to be improved. Comparison also provides legislators with reassurance with regards to certain aspects which might be more effective than modern standards. Maltese Law achieved great strides in the last decade in order to make divorce, a fundamental human right accessible to all.