Divorce
Divorce in Malta is regulated by the Civil Code and was introduced to the Maltese juridical system in October 2011.
An application for divorce in Malta may be presented by either spouse or by the spouses jointly and there is no requirement that the spouses already separated from each other by means of a contract or of a judgement.
In order for a divorce application to be successful the Maltese Courts must be satisfied that:
Where a demand for divorce in Malta is made and the spouses are not separated by a contract or by means of a court judgement, the Court will order the applicants to attend mediation sittings for the purpose of exploring the possibility of reconciliation between the couple and where reconciliation is not possible for the spouses to reach an agreement on the terms of the divorce. Such terms may include:
Once the Court pronounces a divorce between the spouses, they will have the right to remarry, the obligation of cohabitation of the parties will cease; and the right of the spouses to the succession of each other will also cease as soon as the term within which to appeal the judgement expires.
In order to be eligible to apply for a divorce in Malta a least one of the following two conditions must be satisfied:
FSGM.Partners can also assist clients with registering foreign divorce decrees locally, for them to be fully recognised in Malta.
For more information on divorce proceedings and registration of foreign divorce decrees in Malta, kindly contact us
An application for divorce in Malta may be presented by either spouse or by the spouses jointly and there is no requirement that the spouses already separated from each other by means of a contract or of a judgement.
In order for a divorce application to be successful the Maltese Courts must be satisfied that:
- On the date of commencement of the divorce proceedings, the spouses shall have lived apart for a period of, or periods that amount to, at least four year out of the immediately preceding five years, or at least four years have lapsed from the date of legal separation; and
- There is no reasonable prospect of reconciliation between the spouses; and
- The spouses and all of their children are receiving adequate maintenance, where this is due, according to their particular circumstances.
Where a demand for divorce in Malta is made and the spouses are not separated by a contract or by means of a court judgement, the Court will order the applicants to attend mediation sittings for the purpose of exploring the possibility of reconciliation between the couple and where reconciliation is not possible for the spouses to reach an agreement on the terms of the divorce. Such terms may include:
- the care and the custody of the children;
- the access of the two parties to the children;
- the maintenance of the spouses or of one of them and of each child
- residence in the matrimonial home
- the division of the community of acquests or the community of residue under separate administration
Once the Court pronounces a divorce between the spouses, they will have the right to remarry, the obligation of cohabitation of the parties will cease; and the right of the spouses to the succession of each other will also cease as soon as the term within which to appeal the judgement expires.
In order to be eligible to apply for a divorce in Malta a least one of the following two conditions must be satisfied:
- at least one of the spouses was domiciled in Malta on the date of the filing of the demand for divorce
- at least one of the spouses was ordinarily resident in Malta for a period of one year immediately preceding the filing of the demand for divorce
FSGM.Partners can also assist clients with registering foreign divorce decrees locally, for them to be fully recognised in Malta.
For more information on divorce proceedings and registration of foreign divorce decrees in Malta, kindly contact us