Non-marital cohabitation : a case for legislative intervention

Abstract

The aim of this dissertation is to analyse the social phenomenon of non-marital cohabitation, to provide a well-defined legal understanding and background to the various foreign laws regulating unmarried cohabiting couples and to evaluate the current legal vacuum which arises locally and subsequently propose immediate intervention in this field. It is not the work of this thesis to enter into the merits or otherwise of those who choose to cohabit rather than marry. However it analyses the changes which the family has undergone and the ongoing changes in contemporary family life. It then works its way through an evaluation of cohabitation and the arguments for and against legislative intervention in order to grant such 'families' rights and obligations at law. This study ultimately maintains that the developments in Maltese society indicate that a national debate is indeed necessary to deal with the increasing issues that have arisen due to the increasing pluralism in our society. The situation of cohabitants in Malta ought to be made the subject of an in-depth socio-legal study. It is contended however that a number of basic principles should be developed immediately by the Maltese Legislator in order to give immediate legal protection to unmarried cohabitants. In Malta, being a Catholic nation, the commitment to marriage as an institution forms a core part of Maltese society today. However, this does not justify no intervention by the legislator to recognise other 'families' and prevent injustices, eliminate unjust discrimination and provide a means by which obligations that arise from such state of fact are enforced.