Civil annulment
Civil annulment is governed by the Civil Code and heard before the Civil Court. It addresses defects that existed at the time the marriage was contracted, rather than anything that happened afterwards. A successful civil annulment has effect for all civil purposes in Malta.
Ecclesiastical annulment
An ecclesiastical annulment is a separate process before the Church tribunals and is required by those who wish to remarry within the Catholic Church. Dr Richard Sladden and Dr Sandra Sladden both hold a Diploma in Canonical Marriage Cases, Jurisprudence and Procedure, and the firm represents clients in Church Tribunals as well as before the civil courts.
The two processes can run in parallel. A declaration by one does not bind the other, and we advise clients clearly on which they actually need for the outcome they want.
Choosing the right route
Annulment is not always the appropriate remedy, and it is not a faster alternative to divorce. At the first meeting we will tell you frankly whether an annulment is realistically available on the facts, or whether separation or divorce is the better path.
What has to be proved
Annulment turns on the position at the moment the marriage was contracted, and it is an evidential exercise. That evidence is usually documentary and testimonial, and it is gathered rather than asserted. We are candid with clients about what a case will require before it is commenced, and about how long it is likely to take.
Because the civil and ecclesiastical procedures apply different tests, a matter that is strong in one forum is not automatically strong in the other. Advice on which process to pursue, and whether to pursue both, is the most valuable thing we can offer at the start.
Effects of a declaration of nullity
A civil declaration of nullity affects the status of the marriage for civil purposes. It does not remove the need to resolve the practical questions that arise between the parties, particularly where there are children or shared assets, and those are dealt with alongside the nullity proceedings.
Common questions
- Is a Church annulment recognised in Maltese civil law?
- The civil and ecclesiastical processes are distinct. Those who need a marriage set aside for civil purposes and who also wish to remarry in the Church commonly need to address both. We advise on which applies to your situation.
- Is annulment quicker than divorce?
- Generally no. Annulment requires proof of a defect existing at the time of the marriage and is an evidential process. Where the aim is simply to end the marriage, divorce is usually the more direct route.
- What happens to children of an annulled marriage?
- The status of children is protected. An annulment does not affect their rights, and questions of custody, access and maintenance are dealt with in the same way as in any other family proceedings.