How we help
We handle cases of separation, divorce, and both civil and ecclesiastical annulments, with particular sensitivity to the complex nature of family matters. Wherever it serves the client and any children involved, we work to reach a settlement out of court, and we are experienced negotiators in separation cases.
Where agreement is not possible, we appear before the Family Court and, in Church annulment proceedings, before the Ecclesiastical Tribunals. Family proceedings in Malta ordinarily begin with mediation, and we prepare clients thoroughly for that stage rather than treating it as a formality to be passed through.
Matters we take on
- Personal separation, whether by mutual consent or contested
- Divorce proceedings, joint and unilateral
- Civil annulment and ecclesiastical (Church) annulment
- Care, custody and access arrangements for children
- Pre-nuptial and post-nuptial agreements
- Division of the community of acquests and the matrimonial home
- Maintenance for spouses and children
- International child abduction under the Hague Convention
Children come first
Dr Sandra Sladden was appointed as one of the Court’s Children’s Advocates in 2020 and continues to hold that post. The role exists to represent the best interests of minor children in proceedings before the Family Court and the Juvenile Court, and to make sure their voices are actually heard.
That experience shapes how the firm approaches every matter involving children, whether or not a Children’s Advocate has been appointed in the particular case.
Cross-border families
Malta’s population includes a large number of international families, and separation frequently raises questions of jurisdiction, recognition of foreign judgments, and the relocation of children. We advise on all three, and through the Global Law Experts network we can bring in trusted counsel in other jurisdictions where a matter requires it.
Common questions
- Do I have to be separated before I can file for divorce in Malta?
- Not necessarily. If you are already legally separated, by court judgment or by public deed, there is no further waiting period. If you are not legally separated, a joint application generally requires that the spouses have lived apart for at least six months of the preceding year, and a unilateral application at least one year out of the preceding two. We will confirm which route applies to your circumstances at the first meeting.
- What is the difference between separation, divorce and annulment?
- Separation regulates how a married couple live apart, dividing assets and settling custody, but the marriage remains. Divorce dissolves the marriage and allows remarriage. Annulment is a declaration that a valid marriage never came into being, and exists in two separate forms in Malta, civil annulment before the Civil Court and ecclesiastical annulment before the Church tribunals.
- Can a separation be settled without going to court?
- Often, yes. A separation by mutual consent is concluded by public deed and requires court authorisation, but avoids contested litigation. We negotiate a great many separations to settlement, which is usually faster, less costly and considerably less damaging for any children involved.