The legal status of married women in and after 1993

Abstract

The legal status of married women has changed considerably as a result of Act XXI of 1993. Today the spouses are "equal partners in marriage", and the husband and father is no longer the sole head of the family. The wife today shares with her husband both the rights and the responsibilities regarding the running of the family (especially the upbringing of the offspring) and regarding the property that falls into the community of acquests. As we approach the year 2000, the law had to be adjourned in such a way as to conform with the reality of our age. My reading has revealed to me the fact that Malta is one of the very last states in Europe to recognize legally the equal status of married women. Although the reform law of 1993 was meant to put married women at a par with their male counterparts, we shall see that in various areas there is still room for further reform. One may argue that the new system of the community of acquests will create rather than solve problems. Irrespective of the correctness or otherwise of this line of argumentation, and given that our present law has to be respected and observed, I have tried to highlight objectively the areas in which further reform may be needed and also to suggest the nature of such reform. In my opinion, there is not sufficient public awareness of the real significance of the new law. The information programme ought to be resumed especially now that the law has come into force. Many married women are not aware of their newly-acquired legal status. Throughout my work I have made a conscious effort to be as objective as possible. I am not a member of any group or body that fanatically fights for women's lib. I believe strongly in the power of every single individual. Although no one questions the physical and genetic differences between males and females, I strongly believe that gender alone should not constitute a ground for differentiation in legal matters.