Divorce in Malta: requirements, mediation and steps
Divorce has been available in Malta since 2011 and is regulated by articles 66A to 66N of the Civil Code (Cap. 16). Either spouse may ask for it, or both together, and no fault needs to be proved (article 66D(1)). Since the 2021 amendments you no longer need to be separated first: the court must be satisfied that you have lived apart for the required period, or that you are already separated by contract or judgment, that there is no reasonable prospect of reconciliation, and that the spouses and children receive adequate maintenance (article 66B).
All divorce cases go to the Civil Court (Family Section), or the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section). Where the spouses are not already separated, the court first sends them to a mediator to attempt reconciliation and, failing that, to help them agree on custody, access, maintenance, the matrimonial home and the division of the community of acquests (article 66I).
This guide is for spouses living in Malta or with a Maltese connection who want to end the marriage. It explains who can file, the time apart required, how mediation works, what the court decides, and what the divorce changes for maintenance, inheritance and remarriage. The result is a decree (agreed divorce) or a judgment (contested divorce) registered in the Public Registry.
Key facts
Deadline
To file jointly, you must have lived apart for at least six months out of the preceding year; for a demand by one spouse against the other, at least one year out of the preceding two years, unless you are already separated by contract or judgment (article 66B of Cap. 16). Mediation lasts up to two months from the application unless extended, and the case must be filed within two months of the leave to proceed (regulations 4(12) and 7(1) of S.L. 12.20).
What to do
Check that Maltese courts can hear your divorce. Under article 66N of the Civil Code the Maltese civil courts have jurisdiction if at least one spouse was domiciled in Malta on the date the demand is filed, or at least one spouse was ordinarily resident in Malta for one year immediately before filing. If a personal separation case between you is already pending in Malta, the court also has jurisdiction for the divorce.
If one of you lives in another EU State, the rules of Council Regulation (EU) 2019/1111 also apply and the courts of more than one country may be competent. Decide where to file before the other spouse does, because the court first seised usually keeps the case.
Count the time you have lived apart. Article 66B(a) requires that, on the date the divorce proceedings start, the spouses have lived apart for a period of, or periods amounting to, at least six months out of the preceding year when the demand is joint. When one spouse files against the other, the requirement is at least one year out of the preceding two years.
The periods need not be continuous, but you must be able to prove them: separate rental contracts, utility bills, ID card address changes, witness statements. If you are already separated by a contract of separation or a court judgment, the time requirement does not apply (article 66B(b)). In every case the court must also be satisfied that there is no reasonable prospect of reconciliation.
Settle maintenance before you file. The court will not pronounce divorce unless the spouses and all their children receive adequate maintenance, where due (article 66B(d)). Maintenance ordered in a judgment of separation or agreed in a contract of separation is deemed adequate. Spouses may renounce their own right to maintenance at any time, but not the children's.
If you are already separated, the other spouse can defend the divorce by proving that you have not paid maintenance due under the separation and that the divorce would make it harder to collect; the court must refuse the divorce if that defence is proved (article 66D(2)). Clear any arrears first.
See an advocate and receive the reconciliation information. Where the spouses are not already separated, the applicant's advocate must, before filing, discuss the possibility of reconciliation, give you names and addresses of persons qualified to help with reconciliation, and make sure you know that personal separation is an alternative to divorce (article 66G(1)). The application must be accompanied by the advocate's note confirming this.
If you are separated, the application is instead accompanied by a legal copy of the separation judgment or contract (article 66G(2)). The respondent's advocate has the same duty to discuss reconciliation and must file a similar note with the reply (article 66H). Each party also declares on oath whether a separation case has already been filed (article 66F(4)).
File the application and attend mediation. The process starts with an application to the Registrar of the Family Section, stating both spouses' names and addresses and asking for authority to proceed (regulation 4(1) of S.L. 12.20). Where you are not separated, the court summons you before a mediator, chosen by agreement from the panel or appointed by the court (article 66I(1) of Cap. 16).
The mediator first attempts reconciliation, then helps you agree on care and custody, access, maintenance, the matrimonial home and the division of the community of acquests. Nothing said in mediation is admissible as evidence (article 66K). If there is evidence of domestic violence, the court first decides whether mediation is in your interest (regulation 4(3)).
Agree, or obtain leave to proceed. If you agree on all terms, the mediator sends the draft divorce agreement to the judge, who authorises it, and the divorce is pronounced by decree on a joint application (article 66A(2), regulation 4(9) of S.L. 12.20). This is the quickest route.
If there is no agreement, or two months pass from the filing of the application (or a longer period the court grants), the mediator informs the judge in writing and the judge grants leave to proceed (regulation 4(12)). Either spouse then has two months, or a longer period granted for grave reason, to file the contested divorce case (regulation 7(1)). During mediation you can still ask for provisional orders on maintenance, the home and the children (regulation 4(13)).
Make all your claims in the divorce case. If you are not separated, the spouse filing for divorce can include in the same application every demand that could be made in a separation case: custody, access, maintenance, the matrimonial home and the liquidation of the community of acquests (article 66D(3)). The court also has all the interim powers of a separation case (article 66D(4)).
After the written pleadings, the court fixes time limits for documents and witnesses; the pre-trial stage should not exceed one year except for grave reasons (regulation 7(4)). Where the community has already ceased, you may agree to divorce without liquidating assets held in common (article 66D(5)). Fault for the breakdown on grounds of adultery, cruelty or desertion can lead to forfeiture of rights under article 48 (article 66E).
Understand the judgment and its registration. The decree or judgment of divorce is pronounced in open court and must state the registration number of the act of marriage and the parties' identity numbers; the court orders the Registrar of Courts to notify the Director of Public Registry so that the divorce is registered (article 66A(3)–(4)).
The divorce allows both of you to remarry (article 66L(1)). It ends the duty of cohabitation and the spouses' rights to succeed to each other from the day the decree or judgment becomes res judicata (article 66L(4)). It does not change your rights and duties as parents (article 66L(2)), and it does not affect third parties' rights under agreements you concluded (article 66L(3)).
Plan for maintenance after the divorce. A spouse receiving maintenance loses it from the date of remarriage, or from the start of a relationship that creates a maintenance obligation by a third party, even if a separation contract said otherwise (article 66M). A lump sum already ordered by the court keeps its effect.
If the other spouse was in default with maintenance before or during the case, ask the court to order a guarantee for future maintenance, up to the amount of five years' maintenance (article 66I(3)). For spouses already separated, divorce does not change what was ordered or agreed in the separation, except for the effects that the law attaches to divorce (article 66B, last proviso).
What to watch out for
- Filing before the time apart is complete. The six-month or one-year requirement is checked on the date proceedings start (article 66B); one day short can mean the demand is rejected.
- Leaving maintenance arrears from a separation unpaid. Under article 66D(2) the other spouse can block the divorce by proving the default.
- Assuming a divorce cancels your will. The law ends the spouses' rights of intestate succession and reserved portion (article 66L(4)(c)), but a will in favour of the former spouse should be revoked expressly by a new will.
- Missing the two-month window after leave to proceed (regulation 7(1) of S.L. 12.20), which means starting the procedure again.
- Not asking the court to deal with the matrimonial home and the community of acquests. If not separated, these must be claimed in the divorce case itself (article 66D(3)).
- Treating mediation as a formality. What is agreed before the mediator usually becomes the divorce decree, and failure to attend is reported to the court.
- Forgetting the children's documents. The court may require information about payment of children's maintenance and may appoint a children's advocate (article 66I(2)).
Legal basis
Frequently asked questions
How long do you have to be separated to get a divorce in Malta?
You do not need a formal separation. Under article 66B of the Civil Code, for a joint demand you must have lived apart for at least six months out of the preceding year; when one spouse files against the other, at least one year out of the preceding two years. Spouses already separated by contract or judgment can file without counting time apart.
Can I get a divorce in Malta if my spouse does not agree?
Yes. Either spouse can demand divorce against the other, without proving fault (articles 66A and 66D(1) of Cap. 16), once the spouses have lived apart for one year out of the preceding two years. The other spouse can defend only on limited grounds, such as reconciliation being possible or unpaid maintenance under an existing separation.
How long does a divorce take in Malta?
An agreed divorce can be pronounced soon after mediation, which lasts up to two months unless extended (regulation 4(12) of S.L. 12.20). A contested divorce must be filed within two months of leave to proceed, and the pre-trial stage should not exceed one year except for grave reasons (regulation 7(4)), so contested cases commonly take longer.
Is mediation compulsory for divorce in Malta?
Yes, where the spouses are not already separated by contract or judgment. Article 66I(1) of the Civil Code requires the court to summon both spouses before a mediator to attempt reconciliation and, failing that, an agreement on custody, access, maintenance, the home and the community of acquests. Where domestic violence is shown, the court first decides whether mediation is appropriate.
Can I file for divorce in Malta if I live abroad?
Only if article 66N of Cap. 16 is satisfied: at least one spouse is domiciled in Malta on the filing date, or has been ordinarily resident in Malta for one year immediately before filing, or a separation case between you is pending in Malta. Within the EU, Regulation (EU) 2019/1111 also determines which country's courts are competent.
Do I have to go through separation before divorce?
No. Article 66A(1) states that it is not required for the spouses to be separated by contract or judgment before demanding divorce. If you are separated, the divorce application only asks for dissolution of the marriage; if not, all separation claims, such as custody and maintenance, are made in the divorce case itself.
Will I still receive maintenance after divorce in Malta?
Maintenance ordered or agreed continues unless the court changes it, but the receiving spouse loses it from the date of remarriage or of a new relationship creating a maintenance obligation by a third party (article 66M). A lump sum already ordered keeps its effect. Children's maintenance is never affected by the parents' new relationships.
Does divorce affect inheritance in Malta?
Yes. The spouses' rights to succeed to each other cease from the day the divorce decree or judgment becomes res judicata (article 66L(4)(c) of Cap. 16), which removes the intestate share and the reserved portion. A will that names the former spouse should still be revoked by a new will to avoid disputes.
Can I remarry after a Maltese divorce?
Yes. Once the competent civil court pronounces the divorce, both parties have the right to remarry (article 66L(1)). The divorce is registered in the Public Registry on notification by the Registrar of Courts (article 66A(4)) – keep a certificate of that registration for any new marriage.
What happens to the children after a divorce in Malta?
Divorce does not change the parents' rights and obligations towards their children or any custody agreement (article 66L(2)). The court decides care, custody and access on the welfare of the child, may appoint a children's advocate and may hear the children (article 66I(2)). Maintenance for the children must be adequate before divorce is granted.
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