Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/29246
Title: Is marital breakdown a public or a private issue? : an analysis from a Family Law perspective
Authors: Muscat, Christabel
Keywords: European Convention on Human Rights
Marriage law
Divorce -- Law and legislation
Marital property
Children of divorced parents -- Family relationships
Issue Date: 2017
Abstract: The purpose of this Term Paper is to analyse whether marital breakdown is a private or a public matter. The study sets off with an understanding of the importance of marriage to society and to individuals, in order to provide context to the question at hand. This is then followed by an examination of the laws regarding marital breakdown, mainly of separation and divorce. In a society that has a special interest in marriage, the changing notions of fault in marital breakdown will also be discussed. The author examines the elements that are pertinent to marital breakdown, which consist of maintenance, division of property, allocation of the matrimonial home and care and custody. Here, one will be able to see that the law’s role in this regard is there to safeguard the members affected by the dissolution of marriage, particularly those considered as weaker parties i.e. women and children. The author observes also the efforts of the State to preserve marriage and the State’s obligation to respect the right of its citizens for a private and family life as established under Article 8 of the European Convention on Human Rights. Thus, although the State has a vested right to intervene in family matters, it may only do so within certain parameters. Therefore, marriage is an institution that guarantees the right to a domain of privacy but this right is in itself defined by public policy.
Description: LL.B
URI: https://www.um.edu.mt/library/oar//handle/123456789/29246
Appears in Collections:Dissertations - FacLaw - 2017
Dissertations - FacLawCiv - 2017

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