ACT No. XXXIV of 1981 AN ACT to amend the Marriage Act, 1975.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

4th August, 1981

ACT No. XXXIV of 1981

AN ACT to amend the Marriage Act, 1975.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in the present Par1iament

assemblea, and by the authority of the sa me as follows:-

l. This Act may be cited as the Marriage (Amendment) Act,

1981 , and shall be read and construed as one with the Marriage Act,

1975, hereinafter referred to as "the principal Act".

Dan l-Att jista' j isse j jaħ l-Att ta' 1-1981 li je m en d a l-Att dwar

iż-żwieġ, u għandu jinqara u j i ft i e h em ħaġa waħda ma' l-Att ta' 1-1975

dwar iż-żwieġ, h a w n h e k k iżjed 'il quddiem im s e j jaħ "l-Att prinċipali".

In section 1 1 of the principal Act, immediately after subsection Amendment of

(2) thereof, there shall be added the following new subsection (3)

"(3) In the case of the non-observance of any formality or

other similar requirement relating to the· celebration of the mar­

riage or preparatory thereto, a marriage may not be annulled and

shall be held to have always been valid, if the demand for annul­

ment is not made within two years after the celebration of the mar­

riage.".

In section 14 of the principal Act, immediately after subsection Amendment of

(3) thereof, there shaH be added the following new subsection (4)

In the case of a marriage contracted by proxy signed

"(4)

earlier than ninety days before marriage or which is revoked before

the marriage without the knowledge of the other party, the marriage

may not be annulled and shall be held to have always been valid,

if th"ere has been cohabitation for at least one month after the cele-

bration of the marriage.".

For section 19 of the principal Act there shall be substituted

the following

"Nullity of

In additiOl1 to the cases in which a marriage is principal Act.

(l)

Marriage.

void in accordance with any other provision of this Act, a

marriage shall be void

(a) if the consent of either of the parties is extorted

by violence, whether physical or moral, 01' fear;

(b) if the consent of either of the parties is exclud­

ed by error on the identity of the other party;

(c) if the consent of either of the parties is extorted

by fraud about some quality of the other party which

could of its nature seriously disrupt matrimonial life;

(d) if the consent of either of the parties is vitiated

by a serious defect of descretion of judgement on the

matrimonial life, or on its essential rights and duties, or

by a serious psychological anomaly which makes it im­

possible for that party to fulfi1l the essential obligations

of marriage;

(e) if either of the parties is impotent, whether

such impotence is absolute or relative, but on1y if such

impotence is antecedent to the marriage;

(f) if the consent of either of the parties is vitiated

by the positive exc1usion of marriage itself, or of any one

Of more of the essential elements of matrimonial life, or

of the right to the conjugal act;

(g) if either of the parties subjects his or her con­

sent to a condition referring to the future;

(h) if either of the parties, although not interdicted

or infirm of mind, did not have at the time of contract­

ing marriage, even on account of a transient cause, suf­

ficient powers of intellect or volition to elicit matrimon­

ial consent.

(2) Subject to the provisions of this Act, an action

for the annulment of a marriage may only be commenced by

one of the parties to that marriage, and this provision shall

apply even where such party is, under any provision of law,

incapable of suing or being sued, and in any such case the

action may be commenced by such party notwithstanding

such incapacity, saving any assistance or other condition the

Court may deem appropriate to order. Where an action has

been commenced by a party to a marriage, the action may be

continued by any of the heirs.".

5. For section 20 of the principal Act there shall be substituted the

( 1 ) If a marriage is dec1ared to be void the effects

of a valid marriage shall be deemed to have existed, in favour

of the spouses until the judgement of nu1lity has become a res

judicata when both spouses had contracted the marriage in

good faith.

(2) The effects of a valid marriage shall be

deemed to have always existed with reference to the children

born 01' conceived during a marriage dec1ared to be void as

well as with reference to children born before such marriage

and acknowledged before the judgement dec1aring the nul1ity.

(3) If on1y one of the spouses was in good faith

such effects shall app1y in his Of hef favour and in favour of

the children.

(4) If both spouses were in bad faith the effects

of a va1id marriage shall app1y on1y in favour of the children

born Of conceived during the marriage dec1ared to be void.

(5) Notwithstanding any other provision, the

spouse, who was fesponsible for the nul1ity of the marriage,

is bound to pay maintenance to the other spouse in good faith

for a period of five years, which duty shall cease if the party

in good faith marries during such period.".

Passed by the House of Representatives of Sitting No. 531 of the 29th July, 1981.

C.AGIUS

Speaker

C. MIFSUD

elerk to the House of Representatives

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