Maltese family law regulates the legal relationships arising from marriage, parenthood and cohabitation, and is primarily founded on the duty of spouses to care for, support and maintain one another and their children. Where disagreements arise between spouses or regarding the care of children, the parties may attempt to reach an amicable agreement regulating such matters. Where negotiations are unsuccessful, proceedings may be instituted before the Civil Court (Family Section).
The principal legislation regulating family law matters in Malta is the Civil Code, which governs various aspects including matrimonial regimes, separation, divorce, civil annulments, care and custody of children, access rights, maintenance, filiation and adoption. In all proceedings involving minors, Maltese courts place paramount importance on the welfare and best interests of the child. The Court may also appoint a Children’s Advocate to assist the child and communicate the child’s views and circumstances to the Court.
Separation
Legal separation regulates the rights and obligations of spouses who choose to live separately while remaining legally married. Separation proceedings commonly address matters relating to maintenance, care and custody of children, access rights, use of the matrimonial home and the division of matrimonial assets. Under Maltese law, spouses seeking separation are generally required to first undergo mediation proceedings before commencing court proceedings. These mediation proceedings aim to assist the parties in reaching an amicable settlement concerning family and financial matters. If mediation proves unsuccessful, the matter may proceed before the Civil Court (Family Section).
Divorce
Maltese law allows spouses to obtain a divorce following separation, subject to the fulfilment of certain legal conditions. Divorce legally dissolves the marriage bond and may regulate matters concerning maintenance and parental responsibilities where applicable. Parties seeking divorce are likewise generally required to undergo mediation proceedings before instituting court proceedings, except in certain circumstances where urgent protective measures may be necessary.
Care and Custody, Access and Maintenance of Children
Matters involving children are treated with utmost importance under Maltese law. The Court always prioritises the best interests and welfare of the child when determining issues concerning care and custody, access rights and maintenance obligations. Parents may regulate these matters amicably through mediation or agreements, failing which the Court may determine the arrangements necessary to safeguard the child’s wellbeing and stability.
Matrimonial Regimes
The Civil Code regulates the matrimonial regimes applicable to married couples in Malta, including:
- Community of Acquests
- Separation of Estates
- Community of Residue under Separate Administration
Spouses who wish to regulate their marriage through a different matrimonial regime may seek authorisation from the Court of Voluntary Jurisdiction and enter into a contract regulating their chosen regime.
Civil Annulments
A civil annulment declares that a marriage is null and void due to specific legal grounds established under Maltese law. Unlike divorce, which dissolves a valid marriage, annulment determines that the marriage was invalid from the outset. Annulment proceedings may involve issues relating to consent, capacity, fraud or other legal impediments affecting the validity of the marriage.
Filiation
Filiation refers to the legal recognition of the parent-child relationship and the rights and obligations arising therefrom. Maltese law regulates matters relating to the establishment, recognition and contestation of paternity and maternity, together with the legal consequences attached to such relationships.
Adoption
Adoption proceedings legally integrate a child into a new family and establish a permanent parent-child relationship between the adopter and the child. Maltese courts carefully assess adoption applications with primary consideration given to the best interests and welfare of the child. Adoption proceedings are subject to judicial authorisation before the Court of Voluntary Jurisdiction.
Cohabitation
Maltese law recognises certain rights and obligations arising from cohabitation relationships under the Cohabitation Act. Cohabiting partners may regulate aspects of their relationship through a Cohabitation Agreement, whilst the law also governs matters concerning maintenance, property and parental responsibilities. Parties who are not married but share children together may also resort to mediation and, where necessary, court proceedings in order to regulate matters relating to parental authority, care and custody, access rights and maintenance.
At Sciberras Advocates, we provide comprehensive legal assistance in family law matters, including:
- Legal advice on family law rights and obligations
- Assistance during mediation proceedings
- Representation before the Civil Court (Family Section)
- Drafting and reviewing separation and cohabitation agreements
- Advice on matrimonial property and maintenance matters
- Assistance with child custody and parental responsibility disputes
Our team is committed to providing practical legal solutions tailored to the unique circumstances of each client while ensuring that sensitive family matters are handled with care and confidentiality.