Complete Guide to Divorce in Malta 2024

Eligibility Criteria

• Domicile Requirement: At least one of the spouses must domicile in Malta when filing the demand for divorce.
• Residency Requirement: Alternatively, at least one of the spouses must have been ordinarily resident in Malta for one year immediately before filing the demand for divorce.
• Separation Period for Joint Application: If filing jointly, the spouses must have lived apart for at least six months out of the preceding year.
• Separation Period for Individual Application: If one spouse is filing against the other, they must have lived apart for at least one year within the preceding two years.
• No Prospect of Reconciliation: The court must be satisfied that there is no reasonable prospect of reconciliation between the spouses, often confirmed by a sworn declaration.
• Maintenance Assurance: If applicable, adequate maintenance must be secured and regularly paid for any children and the spouse.
• Mediation Requirement: In cases where the spouses were not legally separated, they must first undergo mediation to attempt reconciliation and agree on divorce terms, or if that fails, the mediator informs the court to allow the divorce proceedings to continue.

Divorce Process In Malta

1. Determine Type of Application: Decide whether the divorce will be filed jointly or by one spouse against the other.
2. Check Eligibility: Confirm that at least one spouse meets the domicile or residency requirements to file for divorce in Malta.
3. Find a Divorce Lawyer: Seek the assistance of a qualified divorce lawyer in Malta who can provide legal advice, help prepare documentation, and represent you throughout the court process.
4. Mediation (if not Legally Separated): If the spouses are not legally separated, attend mediation to attempt reconciliation and negotiate the divorce terms.
5. Prepare Documentation: Gather necessary documents such as personal identification, documentation proving separation (if applicable), and information regarding children and assets.
6. File Divorce Application: Draft and file the divorce application, including all required legal documents and declarations.
7. Court Process: Attend court hearings where the court reviews the application, confirms the separation duration, and checks maintenance arrangements.
8. Court's Decision: The court will pronounce the divorce in a sitting after verifying all the required conditions. If there are outstanding issues like overdue maintenance, the court may schedule a future date to resolve these matters.
9. Register the Divorce: The judgment will be registered in the Public Registry once the court pronounces the divorce.
10. Post-Divorce Formalities: Update your legal documents, including your ID, passport, and bank accounts, to reflect your new marital status.

Separation of Assets

In the event of a divorce in Malta, the equitable division of marital assets is a crucial and often complex phase. This process involves systematically categorising, valuing, and distributing the assets accumulated during the marriage. Under Maltese law, particularly the rules surrounding the community of acquests, both parties are encouraged to ensure a fair and just division. Here are the key considerations and steps involved in the separation of assets during a Maltese divorce:

• Identification of Community Property: All assets accumulated during the marriage fall under the community of acquests. This includes properties, savings, investments, and other tangible assets acquired from the date of marriage until the separation.
• Exclusion of Separate Property: Assets owned individually before the marriage and gifts and inheritances received by one spouse during the marriage are generally only included in the community of acquests if commingled with marital assets.
• Valuation of Assets: A fair and accurate valuation is critical for equitable distribution. This might involve professional assessments for real estate, businesses, and high-value personal properties.
• Negotiation and Agreement: Spouses are encouraged to mutually agree on how to divide their shared assets. If they reach an agreement, they can keep certain shared assets intact and distribute them as agreed upon.
• Court Intervention: If spouses cannot reach an agreement, the court will determine how to divide the assets. The court's decision is based on, among other factors, each spouse's contributions to the community and future needs.
• Implementation and Transfer: Once the court agrees upon or orders the division, authorities will initiate legal actions to transfer asset ownership. These legal actions may involve updating property titles, transferring shares, or redistributing investment accounts.
• Special Rules for Unliquidated Assets: If the community of acquests or the community of residue under separate administration had ceased to apply before the institution of divorce proceedings, and assets remain unliquidated, spouses may agree to proceed with the divorce without first liquidating these assets.

Child Custody

Child custody is a pivotal concern in the process of divorce, particularly as it pertains to the well-being and future of any children involved. In Malta, the primary consideration when determining custody arrangements is the child's best interests. This consists of assessing various factors such as the child's age, their relationship with each parent, the parent's capacity to provide care and stability, and the child's educational and emotional needs. Courts typically favour arrangements that ensure continued and meaningful contact with both parents, recognising the importance of maintaining strong parental relationships post-divorce.

When deciding on custody, the court may grant either sole custody to one parent or joint custody, where both parents share responsibilities and decision-making for the child. In joint custody cases, parents must cooperate to decide significant aspects of the child’s life, such as education, health care, and religious upbringing. If the parents cannot agree on these critical decisions, the court may intervene to resolve disputes based on the child's best interests. Moreover, the court also considers the child’s wishes, given they are of sufficient age and maturity to express a reasoned preference. Throughout the divorce proceedings, parents are encouraged to work together to form a parenting plan that minimises disruption in the child’s life and promotes a supportive environment for their growth and development.

Child Maintenance

Child maintenance plays a crucial role in divorce proceedings, protecting the children's financial needs after their parents separate. In Malta, the court determines the amount of child support based on the child's needs and each parent's financial capabilities. This includes considerations for the child's education, health care, and general living expenses. The maintenance is typically paid by the non-custodial parent to the custodial parent, facilitating the child's upbringing in a manner that mirrors the standard of living they would have enjoyed had the marriage not dissolved. The commitment to child maintenance is legally enforceable, and the court closely monitors compliance to ensure that all payments are prompt and that the child’s welfare is continuously supported.

How Much Does a Divorce Cost in Malta?

Based on our experience, divorce costs in Malta can vary significantly based on factors such as the case's complexity, whether it’s a contested divorce, and additional expenses like mediation. On average, individuals can expect basic costs to start from around €1,000 for an uncontested divorce, potentially rising to €5,000 or more for contested cases with complex issues. Here's a detailed breakdown of the typical costs:

• Lawyer's Fees: For a straightforward, uncontested divorce, fees might range from approximately €1,000 to €2,500. Fees can escalate to €5,000 and beyond for more complicated or contested divorces.
• Court Fees: When filing for divorce, a fixed administrative fee, usually €60 to €100, is required.
• Mediation Costs: If mediation is necessary, expect to pay between €50 to €150 per hour. The total cost will depend on the number of sessions required to reach an agreement.
• Miscellaneous Expenses: These can include costs for obtaining financial records, property evaluations, and other administrative expenses. These costs vary greatly but are essential for completing the divorce process.

How Long Does Divorce Take in Malta?

The duration of a divorce process in Malta can vary widely depending on factors such as whether it’s a contested divorce, the complexity of the case, and the efficiency of the court's scheduling. An uncontested divorce can be resolved within a few months, while contested divorces can take a year or more to finalise. Here's a breakdown of the factors that influence the timeline:

• Required Separation Time: For joint applications, there must be a history of living apart for at least six months within the last year. For individual applications, the separation must total at least one year out of the past two years.
• Court Scheduling and Administration: The availability of court dates and the general administrative process can delay proceedings, especially during busy periods.
• Mediation and Negotiation: If mediation is required to resolve disputes, the time spent in these sessions can add to the overall duration of the divorce process.
• Legal Requirements and Documentation: Gathering and submitting all necessary legal documents and fulfilling specific requirements can also extend the timeline, depending on the complexity of the assets and custody arrangements involved.
• Exceptional Circumstances: Complex cases involving substantial assets, international elements, or unusual legal challenges can prolong divorce.

Divorce for Foreigners In Malta

Divorce in Malta for foreigners requires meeting specific residency and jurisdictional criteria. If one spouse is a foreign national, at least one party must either be domiciled in Malta on the filing date or have been a resident for at least one year before applying. Based on these criteria, Maltese courts establish jurisdiction and the divorce proceeds under Maltese law. Additionally, the process for recognising foreign divorces varies. Divorces from EU countries are usually recognised automatically under the Brussels II Regulation. However, divorces from outside the EU need a specific application for recognition by the Family Court. Legal proceedings in Malta can be in English if required, and all foreign documents must be translated and certified.