Who can apply, and when
Where the spouses are already legally separated, whether by court judgment or by public deed, a demand for divorce can be made without a further waiting period.
Where they are not legally separated, the position depends on how the application is made. A joint application generally requires that the spouses have lived apart for at least six months out of the preceding year. A unilateral application generally requires at least one year of living apart out of the preceding two. We will confirm which applies to your circumstances before anything is filed.
Reconciliation must be discussed
Article 66G of the Civil Code obliges the advocate of an applicant who wishes to proceed immediately with divorce to discuss the possibility of reconciliation, and to provide the contact details of qualified professionals who can assist. We treat that as a genuine conversation rather than a box to be ticked, because it is occasionally the more useful one.
What divorce does and does not settle
Divorce dissolves the marriage. It does not, by itself, resolve the division of assets or arrangements for children where those have not already been settled by a separation. Where no separation has taken place, those matters have to be addressed within or alongside the divorce proceedings.
Maintenance already established may continue after divorce unless the parties agree otherwise or the court orders differently. We make sure clients understand what will and will not change on the day the divorce is pronounced.
International and cross-border divorce
Malta is home to a large international community, and a significant proportion of the divorces we handle involve a foreign element: spouses of different nationalities, assets held abroad, or a marriage contracted in another country. Each raises questions of which court has jurisdiction and which law applies.
We advise on jurisdiction at the outset, because where proceedings are opened can materially affect the outcome, and in some cases the first spouse to file determines it. Through Global Law Experts we can coordinate with counsel in the other jurisdiction where a matter requires it.
What to bring to a first meeting
- The marriage certificate, and any separation deed or judgment
- An outline of when the parties began living apart
- A list of the main assets, and how each is held
- Details of any children, their ages and current arrangements
- Any existing maintenance order or agreement
Common questions
- Does divorce in Malta require both spouses to agree?
- No. A divorce can be sought unilaterally by one spouse. Where the spouses are not already legally separated, a unilateral application generally requires a longer period of living apart than a joint one.
- Will divorce change custody or maintenance?
- Not automatically. Where custody and maintenance have already been settled by separation, those arrangements ordinarily continue. Where they have not been settled, they need to be dealt with as part of the process.
- Can a foreign divorce be recognised in Malta?
- In many cases, yes, subject to the requirements for registration and recognition being met. This is a frequent question for international families and we advise on it regularly, including where an EU regulation governs recognition.