Family Law in Malta  

We are aware of the emotional impact that separation, divorce, annulments, access rights, and the like may have on an individual. That is why Valletta Legal seeks to accompany the client, in a most professional and understanding manner, through the various stages of mediation and negotiations, while bearing in mind the interests of any minors whenever applicable. Another priority is to ensure that the client receives the legal share of the community of acquests or paraphernal property that is entitled to him/her.  

Separation is the process whereby two spouses make a decision to live apart. In these cases, the couple may decide to go ahead with court proceedings, or reach an amicable agreement. In this case, the spouses’ obligation to live in the same home will be ended, and a separation of estates will ensue. It is important to keep in mind that under Maltese Law, once the couple chooses to separate they will still owe fidelity to one another.

Separation is one of the solutions available to couples that are facing difficulties coping with their marriage. According to Chapter 16 of the Laws of Malta separation may be requested based on one of the following grounds:

• Adultery
• Threats, excesses, or grievous injury
• Desertion
  
• Irretrievable breakdown of marriage

In order to comply with Maltese law, it is compulsory for all couples to undergo a process of mediation first in order to define any possibility for reconciliation. Should no possibility be identified, the mediator will work together with your respective lawyer in order to agree upon a contract that will regulate maintenance, separation of estates, and child custody and access amongst other areas. Once an agreement has been reached, the mediator is entrusted to compile a report that will be passed on to a judge. After this decree, a Public Notary will publish a binding contract.

Whenever an amicable settlement is not possible, the judge will then authorise a litigation whereby a decision will be made in court based on the case presented.  

An annulment refers to cases where the marriage is regarded as to have never taken place. In these cases, the former spouses are able to move on and remarry eventually.

Persons already having undergone separation proceedings generally request this kind of settlement. Annulments are regulated by Chapter 225 of the Laws of Malta, giving specific attention to Article 19, which outlines an extensive list of situations that may give rise to an annulment of marriage. 

Valletta Legal is able to advise clients and assist them through the procedures related to the annulment of marriage within a reasonable timeframe.

The Civil Code Amendment Act, 2011 introduced divorce law to the Maltese legislation and today spouses are able to seek out divorce proceedings if the following criteria are met:

• The couple has lived separately for a period of over four years before beginning divorce           procedures
• There is no possibility of reconciliation
• A spouse and child will benefit from support as per Article 66B of the Civil Code
• At least one of spouses is a permanent resident in Malta

During the divorce proceedings, both spouses must present themselves before a mediator that’s been appointed by the Ministry and agree upon:

• Care and custody of minors
• Visitation rights
• Spouse and minor support
• Living arrangements
• Separation of assets

Our partners' experience also allows the parties to explore the possibility of reaching a consensual separation agreement in a fast and efficient manner, thus avoiding the added expense of court action for all the parties involved. Our services include the registration of foreign divorces, obtaining or revoking court orders prohibiting the removal of minors from Malta, annulments before the Civil Courts, paternity suits, and prenuptial agreements.