About Divorce & Separation Law in Malta
Divorce and separation laws in Malta are structured to facilitate the orderly dissolution of marriage and address the various aspects that accompany the end of a marital relationship. The Marriage Act and the Civil Code primarily govern these areas. Divorce was legalized relatively recently in Malta, in 2011, after a national referendum. This legislation allows couples to legally dissolve their marriage under specific conditions, ensuring that fair arrangements for children and financial settlements are made.
Why You May Need a Lawyer
There are several situations where you might require legal assistance during divorce or separation:
- Complex Asset Division: When couples have significant or complicated assets, a lawyer can help ensure a fair division.
- Child Custody and Support: Legal advice can be crucial in determining guardianship and fair support arrangements for children.
- Alimony and Maintenance: A lawyer can provide guidance on spousal support entitlements or obligations.
- Legal Procedures: Navigating the legal procedures and paperwork involved in a divorce or separation can be intricate.
- Dispute Resolution: If there is a disagreement between parties, legal intervention may help mediate and settle disputes amicably.
Local Laws Overview
The key aspects of local laws concerning divorce and separation in Malta include:
- Conditions for Divorce: Divorce is granted when spouses have lived separately for at least four years out of the preceding five years, and there is no hope for reconciliation.
- Joint Decision Requirement: Both parties must mutually agree on child custody, financial settlements, and the division of property.
- Court's Role in Disputes: In cases where agreements cannot be reached, the court will make decisions based on the welfare of any children involved and fairness in the division of assets.
- Foreign Marriages: Marriages conducted overseas are recognized in Malta, and the same legal provisions apply to such divorces.
Frequently Asked Questions
What are the prerequisites for filing for divorce in Malta?
The prerequisites for divorce include having lived apart for at least four years out of the last five and no possibilities for reconciliation.
Is separation a prerequisite for divorce?
Yes, legal separation is generally required, often documented through a contract or a court judgment, before pursuing divorce.
How does the court decide on child custody?
The court makes decisions based on the best interests of the child, considering each parent's ability to provide care and the child's well-being.
Can a marriage annulment be granted instead of a divorce?
Yes, annulment is possible under specific conditions, such as lack of consent, fraud, or incapacity at the time of marriage.
How is property divided in a divorce?
Property division is based on mutual agreement or, if necessary, a court decision, considering each spouse's contributions and needs.
Am I entitled to maintenance after divorce?
Spousal maintenance depends on factors like each party's financial situation and the marriage's duration, and it's settled by mutual agreement or court order.
What happens to joint debts after divorce?
Joint debts are usually divided equitably, either by agreement or by court ruling, based on each party's capacity to pay.
Can mediation be used in divorce proceedings?
Yes, mediation is encouraged to settle differences amicably, especially regarding child custody and property disputes.
How long does it take to finalize a divorce in Malta?
The duration varies case by case, but once the prerequisites are met, a straightforward divorce can take a few months to finalize.
What should I do if my spouse doesn't agree to divorce?
You may proceed by demonstrating that the separation period and other legal requirements have been met, which may lead to court proceedings to finalize the divorce.
Additional Resources
Those in need of support with divorce and separation can consult the following resources:
- The Family Court of Malta: For direct legal proceedings and advice related to family law.
- The Malta Mediation Centre: To help resolve disputes amicably through mediation services.
- Aġenzija Appoġġ: Provides supportive services for families and individuals going through separation and divorce.
- Legal Aid Malta: Offers assistance to those who may not afford private legal services.
Next Steps
If you require legal assistance regarding divorce and separation, consider the following steps:
- Schedule a consultation with a family law attorney to discuss your case and understand your rights and obligations.
- Prepare all necessary documentation related to your marriage, finances, and assets for your legal consultation.
- Consider engaging in mediation services to assist in reaching mutual agreements where possible.
- Contact relevant local resources and organizations for support and additional guidance throughout the process.
- Follow your lawyer's guidance through legal proceedings and ensure all actions comply with Maltese law.
Lawzana helps you find the best lawyers and law firms in Malta through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Malta - quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please
contact us, and we will review and update it where appropriate.
