Separation by mutual consent
Where spouses can agree terms, separation is concluded by public deed with the authorisation of the court. This is almost always the better route. It is faster, the costs are far more predictable, and the terms are shaped by the parties rather than imposed on them.
We are skilled in negotiating separation cases with the aim of reaching an out-of-court settlement, and we draft the deed so that the arrangements hold up in practice, not only on paper.
Contested separation
Where agreement cannot be reached, proceedings are brought before the Family Court. Contested separation can address the grounds for separation, the division of the community of acquests, occupation of the matrimonial home, maintenance, and custody and access.
Proceedings ordinarily begin with a mandatory mediation stage. We prepare clients properly for mediation, because a matter resolved there rarely needs to be litigated at all.
What separation decides
- Division of the community of acquests between the spouses
- Who remains in the matrimonial home, and on what terms
- Maintenance for a spouse and for children
- Care, custody and access arrangements
- Responsibility for existing debts and obligations
- Pension, insurance and succession consequences
Costs, and how to keep them down
The single biggest driver of cost in a separation is how much of it is contested. Every issue the parties can settle between themselves is an issue that does not have to be proved, argued and decided. We tell clients at the outset which of their positions are likely to be upheld and which are not, because that conversation, held early, is what keeps a separation affordable.
We also advise on what a realistic settlement looks like before negotiations begin. Clients who understand the range of likely outcomes tend to reach agreement faster and on better terms than those who discover it halfway through litigation.
Common questions
- How long does a separation take in Malta?
- A separation by mutual consent can often be concluded within a few months, depending on how quickly terms are agreed and the court authorises the deed. A contested separation is considerably longer, because it proceeds through mediation and then litigation before the Family Court.
- Do I need to separate before divorcing?
- No. Divorce can be sought without a prior legal separation, provided the spouses have lived apart for the required period. Many couples still separate first, because it settles the practical arrangements at a point when they are most urgent.
- What happens to the matrimonial home?
- It depends on how the property is held, whether it forms part of the community of acquests, and the needs of any children. The home may be sold and the proceeds divided, assigned to one spouse against other assets, or one spouse may be granted the right to reside in it. We advise on the options at the outset.