Guides › Separation and Divorce in Malta

Separation and Divorce in Malta

Understanding your legal options and the process involved

Malta introduced divorce in 2011 following a referendum. Both legal separation and divorce are available. Here is the process, your rights and what to expe

1. Understand your options: separation vs divorce

   LEGAL SEPARATION: ends the obligation to live together and divides assets and responsibilities. You remain legally married. Available immediately — no minimum separation period required. DIVORCE: ends the marriage completely. Requires 4 years of separation (legal or de facto) and no reasonable prospect of reconciliation. You need separation first (or 4 years of living apart) before you can divorce. Many couples get a legal separation first, sort out practical matters, and then divorce later.

2. Attend mediation (mandatory before divorce)

   Before starting divorce proceedings in court, you must attempt mediation at the Family Mediation Centre. This is free of charge. A trained mediator helps you and your spouse reach agreements on children, property and maintenance without going to court. Mediation is not mandatory for separation. If mediation succeeds, agreements are incorporated into a notarial deed (much faster and cheaper than court).

3. Try to reach an agreed separation

   If you and your spouse can agree on: custody and access arrangements for children, division of the matrimonial home and other assets, maintenance payments, and any other relevant matters — you can formalise everything by a notarial deed (personal separation by consent). This is much faster (4-8 weeks) and much cheaper than going to court. Both parties need a lawyer each to advise them separately.

4. Court proceedings if no agreement

   If you cannot agree, either spouse can file for separation in the Family Court (Civil Court, Family Section). A judge decides all contested issues including custody, maintenance, and property division. Court proceedings are adversarial and can take 1-3 years. Legal costs can be substantial. Mediation can still be attempted at any stage. Legal aid is available if you are financially eligible.

5. Child custody and access arrangements

   The court's primary consideration is always the best interests of the child. Joint custody (both parents share decisions about the child's life) is the default preference. The child's residence (which parent they live with primarily) is decided separately. The non-resident parent has the right to regular access. The court can order a social inquiry report from Agenzija Appogg. Children's wishes are considered depending on age and maturity.

6. Maintenance and financial arrangements

   SPOUSE MAINTENANCE: court-ordered based on the needs of the lower-earning spouse and the means of the other. Not automatic — must be requested. Stops if recipient remarries. CHILD MAINTENANCE: both parents are financially responsible. Calculated based on child's needs and both parents' incomes. Payable until 18 (or 23 if in full-time education). Non-payment can be enforced through court. PROPERTY: matrimonial home and assets divided by court order or agreement. Community of acquests (assets acquired during marriage): split equally unless agreed otherwise.

7. Apply for divorce after 4 years separation

   Once you have been separated (legally or de facto) for at least 4 years with no reasonable prospect of reconciliation, and adequate arrangements are in place for any children, either spouse can apply for divorce in the Family Court. The divorce ends the marriage completely. You may then remarry. Church marriages: civil divorce does not affect the Catholic Church's position — you would need a Church annulment separately for a Church remarriage.