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Free Guide to Hiring a Family Lawyer
Divorce and separation are significant legal processes that affect many families in Tarxien, Malta. Divorce legally ends a marriage, while separation allows couples to live apart legally without officially dissolving the marriage bond. In Malta, these matters are handled under Maltese Civil Law and processed through dedicated family courts. Since the introduction of divorce in 2011, the procedures and requirements have been more clearly defined, ensuring the protection of both parties and any children involved. Tarxien residents access these legal processes through local courts and legal professionals who are familiar with the unique circumstances of the area.
Divorce and separation can be emotionally challenging and legally complex. Hiring a lawyer ensures your rights are protected and all legal procedures are properly followed. Common situations where legal assistance is crucial include disagreements over child custody, disputes regarding division of property, spousal maintenance or alimony, and cases where one party wishes to contest the terms of separation or divorce. A lawyer can also assist with drafting separation agreements, handling court documentation, and providing guidance through negotiations or mediation. Having legal support reduces the risk of errors, misunderstandings, and future complications, helping to achieve a fair outcome for everyone involved.
Malta's divorce and separation laws apply throughout the country, including Tarxien. Here are some key aspects:
- Eligibility for Divorce: Both spouses must have lived apart for at least six months before applying for divorce.
- Separation Before Divorce: Separation can be by mutual consent or decided by the court if the parties disagree. Separation often precedes divorce but is not obligatory.
- Child Custody and Support: Courts prioritize the best interests of the child when deciding custody, visitation rights, and maintenance payments.
- Division of Property: Property acquired during marriage is typically divided equitably. The specific split depends on whether the couple is on a community of acquests (joint ownership of assets) or separate property regime.
- Spousal Maintenance: Either spouse may be entitled to maintenance if they are not financially self-sufficient.
- Court Proceedings: Family law cases are handled in specific Family Sections of the Civil Court, with judges who specialize in these matters.
Separation allows spouses to live apart and regulates matters such as custody and finances without ending the marriage. Divorce legally ends the marriage, allowing parties to remarry.
You must be living apart from your spouse for at least six months before you can apply for a divorce in Malta.
No, only one spouse needs to file for divorce, but if it is contested, the court will assess the case and make decisions on aspects such as property and child custody.
The court will make arrangements based on the best interests of the child, which may include joint or sole custody, visitation rights, and maintenance obligations.
Property is typically divided based on the matrimonial regime agreed upon at marriage. Under community of acquests, assets acquired during the marriage are split equally unless the court finds reasons to order otherwise.
Yes, if one spouse is not financially self-sufficient, the court may order the other to provide maintenance, depending on factors such as income, needs, and standard of living.
Yes, Maltese law generally requires couples to attempt mediation before proceeding to court. Mediation aims to help both parties reach an amicable agreement.
The length of the divorce process varies depending on the complexity of the case and whether both parties agree. Simple cases may take a few months, while contested divorces can take longer.
You can still file for separation or divorce in Malta if you have been ordinarily resident in Malta or have Maltese nationality, provided certain jurisdictional conditions are met.
In most cases, at least one court appearance is required. Your lawyer will guide you on what is expected and may represent you for routine hearings or procedural matters.
If you need more information or assistance, consider reaching out to these resources:
- Family Court in Valletta: Handles divorce and separation cases for residents of Tarxien and the surrounding areas.
- Commission for the Rights of Persons with Disability (CRPD): Provides support for people with disabilities involved in family law matters.
- Foundation for Social Welfare Services (FSWS): Offers counselling, support, and mediation for families dealing with separation or divorce.
- Malta Association for Family Therapy and Systemic Practice: Provides family therapy and counselling services.
If you are considering divorce or separation in Tarxien, Malta, begin by gathering all relevant documents regarding your marriage, assets, and any arrangements involving children. Consider consulting a family law lawyer who can assess your situation and outline your rights and responsibilities. Your lawyer will advise whether mediation is required and assist with all required legal paperwork. Taking early legal advice ensures you make informed decisions and helps prevent complications in the future. Do not hesitate to reach out to local support services or legal bodies for further assistance tailored to your needs.
