Malta Divorce Lawyer: Our team enjoys vast experience dealing with family law matters and embraces the challenges brought about by recent amendments regarding divorce in Malta. Visit : https://www.emd.com.mt/advocates/family-law/

1. Family Law
Divorce
By virtue of the recent amendments to the Maltese Civil Code, brought about by Act XIV of 2011,
divorce in Malta was introduced as a legal remedy which may now be claimed before the Courts of
Malta. Heavily influenced by the ‘Irish model’ of divorce legislation, such amendments, in effect,
carry with them a number of underlying legal implications stemming from their strategic placement
within what is, essentially, a litigious-based personal separation system. Indeed, by virtue of these
amendments, the legislative provisions regulating personal separation and divorce would now
appear to be inextricably interlinked, with separation proceedings, possibly, serving as a prelude to
the initiation of divorce proceedings in Malta.
Under the new Maltese divorce legislation, an aggrieved spouse may file an application before the
Maltese Courts, asking for a judicial pronouncement of divorce if the spouses in question have been
legally separated for at least four years or have lived apart for a period of, or periods that amount to,
at least four years out of the immediately preceding five years. Alternatively, the spouses may file a
joint demand for divorce after having reached a consensual agreement that their marriage is to be
dissolved. In these circumstances, the Maltese Court must be satisfied that there exists no
reasonable prospect of reconciliation between the spouses and that all of their children are, as a
matter of fact, receiving adequate maintenance. The new divorce legislation in Malta also caters for
the conversion of separation suits into divorce proceedings, subject to proof relating to satisfaction
of the necessary preconditions associated with the pronouncement of divorce. Within this context,
mediation proceedings would appear to play a more prominent role in relation to attempts at
reconciling spouses who are not already legally separated, or who are not parties to a suit of
personal separation, thus, also acting as the appropriate forum for negotiations conducive to the
pronouncement of divorce on the basis of an agreement entered into voluntarily by the parties.
In this vein, the intricacies surrounding the regulation of maintenance awards, as well as their
possible conditioning of the Maltese divorce proceedings as a whole will, undoubtedly, provide
fertile ground for the gradual judicial development of structured principles apt to provide greater
consistency and stability. Within this context, specialised legal advice is clearly of the essence in
choosing between the carefully-constructed routes now available under Maltese law.
Our legal team enjoys vast experience in dealing with contentious Family Law matters and, while
embracing the challenges brought about by the recent legislative amendments regarding divorce in
Malta, looks forward to providing the necessary individual attention essential to the fulfilment of
each client’s personal expectations.