Marriage and jurisdiction in Malta : sixty years of relations between the State and the Holy See

Abstract

This article focuses on the sixty years of relations between the Maltese State and the Holy See (1965-2025) through the prism of matrimonial jurisdiction. It traces the transition from a pre-independence framework in which Catholic canon law exercised near-exclusive authority over marriage, to the radical reconfiguration introduced by the Marriage Act of 1975, which transferred jurisdiction entirely to the civil sphere and excluded ecclesiastical tribunals. The study analyses the institutional conflict generated by this reform, the partial convergence achieved through the amendments of 1981 and 1983, and the negotiated settlement embodied in the 1993 Agreement between Malta and the Holy See. Particular attention is given to the recognition of canonical marriages, jurisdiction over nullity proceedings, and the civil effects of ecclesiastical judgments. The article further considers subsequent legislative developments, assessing how Malta has sought, often contentiously, to reconcile its Catholic heritage with the demands of a pluralist constitutional order.