Divorce Lawyers in Malta: Divorce Procedure Explained

If you want to file for divorce in Malta, this article explains the key steps. We invite you to explore the following lines and also to access our online services for legal representation. Get your legal answers from our divorce lawyers in Malta.

Quick facts
Who can be represented in a divorce process in Malta	Maltese citizens and also foreigners with residency in Malta
Legislation	Civil Code, Article 66B recently revised
Grounds for a divorce in Malta	– living apart for the statutory period or legal separation, – no reasonable prospect of reconciliation
Types of divorce in Malta	amicable or in the court of law
Separation period	At least 6 months of living apart in the preceding year (joint application) or 1 year in the preceding 2 years (unilateral), or prior legal separation
Where is the divorce decision signed?	Divorce is granted by judgment of the Civil Court (Family Section)
Child custody	Can be discussed with our Maltese lawyers. We can represent both spouses in a divorce process in Malta and explain custody conditions.
Distribution of common property/assets	Common property can be shared in a mutual agreement. We represent our customers in this endeavor.
Are prenups available in Malta?	YES
Do I need a divorce lawyer, or should I act on my own?	It is best to collaborate with a divorce specialist who knows the legislation. Our Maltese lawyers can represent you from the start.
Mediation instead of a divorce in Malta	Available option. A mediator will be required.
Time frame to get a divorce in Malta	Between 2 and 6 months
Costs of a divorce in Malta	– notary & court fees, – costs of the legal services provided by our law firm in Malta.
Divorce proceedings involving minor children	Arrangements involving child custody, child alimony, visiting hours and many more.
Choosing our Maltese lawyers for a divorce case	For a fast divorce, in a reliable manner and without complexities. Both spouses can be represented by our Maltese attorneys.

How can I file for divorce in Malta?

by mutual consent, or jointly,
individually.

NOTE: Divorce cases are dealt with by the Civil Court – The Family Section.

Is a prior legal separation period required before filing for divorce in Malta?

in a joint application, spouses must have lived separately for at least 6 months,
in a separate application, spouses must have lived apart for at least one year.

Is mediation a solution provided in a divorce case in Malta?

It depends on the circumstances. Our divorce lawyers in Malta can explain more.

Please also explore this infographic:

What are the grounds for divorce in Malta?

Living apart,
No reasonable prospect of reconciliation,
Domestic violence,
Infidelity,
Mental health issues, etc.

How is divorce when minors are involved?

Spouses will have to agree on:

Child custody & alimony,
Visiting hours,
Residency/accommodation of minors,
Education, etc.

NOTE: Our divorce lawyers in Malta can explain the rights of minors in a separation case.

How is asset distribution done in a divorce case in Malta?

Under the matrimonial property regime – the 50/50 rule as stipulated by the Community of Acquests (CoA) in Malta.

NOTE: If a prenuptial agreement was signed by spouses, the division of assets is done according to this document. Our divorce lawyers in Malta can highlight the key aspects of prenups.

Can an individual file for divorce without the consent of the spouse?

Yes. This is demanding against the other spouse. Statutory conditions must be satisfied.

What are the key steps in a divorce case in Malta?

first, parties should solicit legal representation. Our divorce lawyers in Malta can represent each spouse,
the applicant must confirm the separation period,
child custody and financial matters must be established (as the case may be),
in the case of divorce in the court of law, proceedings will take place,
once the divorce decision is issued by the judge, the new status must be registered with the Maltese Public Registry.

IMPORTANT: Additional legal proceedings or negotiations might be needed if disagreements appear during the divorce process.

Can a marriage be annulled in Malta?

Yes, if the court decides the marriage was illegal/void from the beginning.

NOTE: In this case, a Civil Annulment will be issued by the Family Court.

How can foreigners get a divorce in Malta?

if the spouses are habitually resident in Malta (EU Regulation 2019/1111), the divorce procedure may be done under Maltese law,
spouses can also agree on the applicability of the home country laws in the case of divorce.

If you need legal advice in separation cases, you can contact our divorce lawyers in Malta. Our lawyers can also help you start an LLC (Private Limited Company) in Malta.