A Better Way to Separate
The end of a relationship does not always have to become a legal battle. At Sciberras Advocates, we believe that where both parties are willing to engage constructively, separation and divorce can be approached differently: with clear legal guidance, structured discussions and a focus on reaching practical agreements rather than creating further conflict.
Our Amicable Separation & Divorce Service is designed for couples in Malta who want to resolve the legal, financial and family consequences of separation as cooperatively as possible. The objective is simple: help both parties move forward with clarity, dignity and greater certainty.
What is an Amicable Separation?
An amicable separation does not necessarily mean that you agree about everything.
It means that both parties are prepared to work towards resolving their differences without unnecessary confrontation. There may still be difficult questions concerning the family home, finances, maintenance, children or other matters. Our role is to provide a structured process through which these issues can be identified, discussed and, where possible, resolved. Where agreement can be reached, the appropriate legal documentation can then be prepared to formalise the arrangements in accordance with Maltese law.
Who Is This Service For?
Our amicable approach may be suitable for married or unmarried couples who have decided to separate and would prefer to resolve matters through discussion and agreement rather than prolonged litigation.
It can be particularly useful where:
- both parties recognise that the relationship has ended;
- there is a willingness to communicate and negotiate;
- the parties want to keep legal conflict to a minimum;
- there are children and maintaining a workable co-parenting relationship is important;
- there are children and the parties wish to agree on arrangements that reflect the agreed level of involvement of each parent, with the children’s best interests at the centre;
- financial or property arrangements need to be resolved;
- the parties want greater clarity about their respective rights and obligations; or
- an agreement has already been reached in principle and needs to be properly documented.
You do not need to agree on everything before starting the process. The purpose of the service is to identify outstanding issues and explore whether acceptable solutions can be reached.
What Can We Help You Resolve?
Separation and Divorce
We guide clients through the legal implications of separation and divorce in Malta and help identify the matters that need to be addressed before arrangements can be formalised. Where the necessary conditions are satisfied, we can assist with the preparation and formalisation of separation agreements and subsequent divorce proceedings.
Children and Co-Parenting
For parents, the end of a relationship does not end the responsibility of raising children together. We encourage arrangements that place the best interests of the children at the centre of discussions.
Depending on the circumstances, matters may include:
- care and custody;
- where the children will reside;
- access and time with each parent;
- schooling and education;
- healthcare;
- holidays and travel;
- important decisions affecting the children;
- maintenance and children’s expenses; and
- practical communication between parents.
The aim is not simply to resolve today’s disagreement, but to establish arrangements that can support a workable co-parenting relationship going forward.
The Family Home and Property
Separating couples frequently need to determine what will happen to the family home and other property. This may involve questions concerning continued occupation of the matrimonial home, jointly owned property, loans and mortgages, the division or transfer of assets and other financial obligations.
We help parties understand the legal implications of the available options and work towards arrangements that can be properly documented.
Maintenance and Financial Arrangements
A separation can significantly change the financial circumstances of both parties. Our lawyers can assist in addressing issues concerning spousal maintenance, child maintenance, household expenses, liabilities, assets and other financial arrangements arising from the breakdown of the relationship.
Separation Agreements
Once terms have been agreed, it is important that the arrangements are properly documented. Sciberras Advocates can assist with drafting and reviewing the necessary agreements and coordinating the legal steps required to formalise the separation under Maltese law.
Speak to Our Family Law Team
A relationship may end, but how you choose to handle that ending can influence your finances, your children and your family relationships for years to come. Where cooperation is possible, our aim is to help you find a way forward that is clear, constructive and legally sound. Reaching a joint separation agreement can also be a more cost-effective approach, helping both parties avoid the additional legal costs that can arise from prolonged negotiations or contested court proceedings.
If you are considering separation or divorce in Malta and would like to explore whether an amicable approach could work for your family, contact Sciberras Advocates for an initial consultation. We will assess your circumstances, explain your legal options and help you determine the most appropriate way forward.