A Guide to Divorce In Malta

Divorce in Malta is a relatively recent legal development, having only been introduced in 2011 after a national referendum. Before that, Malta was the last European Union member state without the provision for divorce, and couples had to rely on annulments, separations, or foreign divorces to end their marriages. Today, the law provides a clear framework for those seeking to dissolve their marital bonds, though the process remains more measured and cautious compared to some other jurisdictions. This guide outlines the key requirements, procedures, and considerations for anyone contemplating or undergoing a divorce in Malta.

Understanding the Legal Requirements

Under Maltese law, divorce can only be granted by the competent court, usually the Family Section of the Civil Court. Before a couple can file for divorce, certain prerequisites must be met. First and foremost, the spouses must have been separated—legally or de facto—for at least four years. This separation period is counted from the date the couple first began living apart, whether this is through a legal contract of separation approved by a court or simply by physically living in different residences. It is not necessary for the entire four years to have elapsed continuously before filing for divorce, provided that the total accumulated period of separation is no less than four years.

In addition, when a divorce application is made, it must be shown that there is no reasonable prospect of reconciliation. The court must be satisfied that the marriage is irretrievably broken down. Furthermore, appropriate arrangements must be made for the care and maintenance of any children born of the marriage. These arrangements include decisions regarding custody, visitation rights, and financial contributions towards the children’s upbringing. The court will only grant a divorce if it is convinced that the children’s well-being is adequately safeguarded.

Starting the Divorce Process

The divorce procedure in Malta typically begins with one spouse (or both, in the case of a joint application) filing a sworn application (rikors) before the court. The application must include details of the marriage, the reason for divorce, the children’s circumstances, and how maintenance and child support will be handled. If the divorce is uncontested, meaning both parties agree on all terms, the process is generally smoother and quicker. Where disagreements arise, however, the court may need to intervene, and the process can become more complex and time-consuming.

After filing the divorce application, both spouses usually appear before the court. During this stage, the judge will examine whether the legal requirements have been met. If necessary, the court may ask for evidence, witness statements, financial records, or other documentation to ascertain the marital circumstances. In uncontested cases, a divorce can be granted relatively swiftly, sometimes within a few months, provided all conditions are satisfied. Contested cases, on the other hand, often take much longer due to legal disputes that must be resolved through court hearings, negotiations, and potential mediation.

Maintenance and Financial Issues

One of the key aspects the Maltese courts will scrutinise in a divorce proceeding is the arrangement of maintenance—both for the spouse in need and for any children. Maintenance is determined by considering factors such as the financial resources, earning capacity, and the needs of both spouses. If children are involved, the guiding principle is always their best interests. Child maintenance must be adequate to cover essentials such as education, medical care, and general living costs.

Where spousal maintenance is concerned, the court may order one spouse to pay a sum of money to the other, especially if one party sacrificed career opportunities or income potential for the sake of the family. The duration of spousal maintenance can vary and may not always be indefinite. In many cases, maintenance is arranged through a notarial deed rather than litigation, which allows for a more amicable and flexible approach.

Property Division

In Malta, property acquired during the marriage generally falls under the regime of community of acquests. This means that assets and earnings accumulated during the course of the marriage belong to both spouses in equal shares. Upon divorce, the community of acquests is dissolved, and the property is divided. If the couple had signed a prenuptial agreement or other special arrangements to regulate their property rights, these agreements will guide the division.

In contested situations, the court may appoint experts to value the couple’s property and belongings. Division of assets is often one of the most contentious aspects of divorce proceedings, and it is advisable for both parties to seek legal counsel to ensure that their interests are protected. Once the divorce is finalised, and all financial and property matters are settled, each spouse regains the status of a single individual, free to remarry if they choose.

The Role of Mediation and Legal Counsel

Although not strictly mandatory in all divorce cases, mediation can play a crucial role in resolving disputes. A neutral mediator can help couples reach agreements on issues such as property division, maintenance, and child custody. Opting for mediation can significantly reduce the time, expense, and stress associated with contested divorces. If mediation fails, the matter will return to court for adjudication by a judge.

It is highly advisable for anyone considering divorce in Malta to engage a lawyer who specialises in family law. Maltese divorce law has specific requirements and procedures that may be unfamiliar to those who have not navigated the system before. A qualified lawyer can offer guidance on the best approach, assist in gathering the necessary documentation, represent you in court, and ensure that your rights and interests are upheld.

Conclusion

While divorce in Malta can be a lengthy and sometimes emotionally challenging process, it provides a legal means to dissolve a marriage that has irretrievably broken down. By understanding the legal requirements, seeking professional advice, and exploring mediation, couples can often reach a fair and amicable settlement. Ultimately, the aim of Maltese divorce law is to ensure that both parties, and particularly any children involved, emerge with a stable and secure future.