About Divorce & Separation Law in Malta
Divorce & Separation in Malta are governed by the Civil Code (Chapter 16 of the Laws of Malta), which outlines the legal procedures and requirements for ending a marriage or partnership. In Malta, divorce was legalized in 2011, making it possible for couples to legally separate and divorce under certain conditions.
Why You May Need a Lawyer
There are several situations where you may require legal help in Divorce & Separation in Malta, such as:
- Disputes over child custody and support
- Division of property and assets
- Alimony and spousal support
- Complex legal procedures and paperwork
Local Laws Overview
Key aspects of Divorce & Separation laws in Malta include:
- Grounds for divorce: Adultery, unreasonable behavior, separation, and irretrievable breakdown of marriage
- Legal procedures: Filing for divorce, court hearings, and mediation
- Child custody and support: Determining the best interests of the child
- Division of property: Equitable distribution of assets acquired during marriage
Frequently Asked Questions
1. Can I get a divorce in Malta?
Yes, Malta allows for divorce under certain conditions such as adultery, unreasonable behavior, and irretrievable breakdown of marriage.
2. How long does it take to get a divorce in Malta?
The duration of the divorce process in Malta varies depending on the complexity of the case and court proceedings.
3. Will I be entitled to alimony or spousal support?
Alimony or spousal support may be awarded based on factors such as the length of the marriage, financial needs, and contribution to the marriage.
4. How is child custody determined in Malta?
Child custody is determined based on the best interests of the child, considering factors such as parental fitness, child's needs, and parental preference.
5. Can I represent myself in a divorce case in Malta?
While it is possible to represent yourself in a divorce case, it is recommended to seek legal advice to navigate the legal proceedings effectively.
6. What are the grounds for annulment in Malta?
Grounds for annulment in Malta include non-consummation of marriage, mental incapacity, and wilful refusal to consummate the marriage.
7. How are assets divided in a divorce in Malta?
Assets acquired during the marriage are typically divided equitably between spouses, taking into account each party's contribution to the acquisition of assets.
8. Can I change my name after a divorce in Malta?
You may change your name after a divorce in Malta by following the legal procedures for changing your name through the Civil Code.
9. Is mediation required in divorce cases in Malta?
Mediation is not mandatory in Malta; however, it may be recommended to facilitate communication and reach agreements outside of court.
10. How can I enforce a court order in a divorce case in Malta?
To enforce a court order in a divorce case, you may seek legal assistance to take the necessary legal steps to ensure compliance with the court's decision.
Additional Resources
For further information and assistance with Divorce & Separation in Malta, you may contact the Family Court of Malta or seek guidance from a licensed lawyer specializing in family law.
Next Steps
If you require legal assistance in Divorce & Separation in Malta, it is recommended to consult with a qualified lawyer who can provide personalized advice and representation throughout the legal process. Be sure to gather all relevant documents and information related to your case before seeking legal assistance.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
construed as legal advice. While we strive to present accurate and up-to-date information, we cannot
guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change
frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
professionals for specific advice tailored to your situation.
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