The question of mixed marriages in Malta

Abstract

Mixed Marriages are those wherein one of the parties is Roman Catholic and the other party is not a member of the Catholic Church. The validity of these so-called Mixed Marriages, was the object of a legal controversy in these islands in the second half of the last century. Diplomatic relations were entered into, on this subjects between the highest authorities in the Vatican and the British Government of the time. This very important legal controversy arose because in Malta there was no written Civil Law regulating marriages of non-Catholic people, as those marriages which were celebrated before non-Catholic ministers, according to the form established by the Church to which they belonged. The law in Malta with regard to the validity of marriage, even as a contract, is the Canon Law. The fact that Canon Law is Civil Law, in the case of marriage, did not cause any inconvenience during the domination of the Order of St. John, because both the Government and the people were members of the Catholic Church. Soon after the arrival of the British in Malta, however, it became the source of grave discontent among the Protestant element of the population, because of the serious inconvenience and doubts it inflicted on them.