Only in October 2011 divorce was introduced in Malta even though the introduction of civil marriage took place in 1975. Up to 2011 only divorces granted by foreign courts where recognized and in Malta and for most Maltese this was not easy to obtain because of foreign laws. It was Nationalist MP Jeffrey Pullicino Orlando who presented a Private Members Bill for its introduction in July 2010. It took until the 25th July 2011 before the Maltese Parliament voted in favor of the divorce law in Malta, following a May referendum on the same subject. The referendum showed 53 percent of the Maltese voters in favor of the proposed law and of the seventy members of parliament eleven voted against and five abstained.

With this somewhat historical vote Malta was the last country in the world where divorce was introduced when the law came into force in October 2011. As you can read hereunder, the legislation introduced in Malta was carefully balanced between the right of building up a new life once a marriage fell apart and the duties of the previous marriage. Divorce in Malta is for example, not possible if the rights of the children from a marriage and the spouse are not secured. Also the law provides for a term of four years that a couple has to be legally separated before the law in this dissolution of marriage is applicable. Due to these and other provisions the new legislation connects very well with the reality of couples who have been separated for years and who now truly have the possibility to move on with their lives and remarry. It was in this regard that the Maltese divorce legislation was proposed and agreed upon by a majority of the Maltese population.

The new law states that any of the spouses can ask the court to rule on the dissolution of their marriage by means of divorce. According to this same law a couple must have a legal separation for a minimum of four years out of the five years prior to the application before the courts of Malta. This separation can be obtained by contract or by judgment or the spouses have to convince the court by means of proof that they have been living apart for the period of four years out of the five preceding the application. In Malta divorce law decrees by the court means that the court has to be satisfied that the spouses have been living apart for four years out of the five preceding the application, that there is no chance for reconciliation and that an agreement has been reached regarding the maintenance for the spouse and if any, the children. If the court is satisfied that these conditions have been met, then it will rule in favor of divorce.

The provisions regarding the maintenance for children and spouse and a separation by judgment or contract are regulated in article 66 of the Civil Code of Malta. An important note mentioned in article 66D is that for the application of divorce in Malta the parties are not required to show any fault by the party submitting on the part of the other party. When the parties are not yet separated by means of a judgment or contract they are required to forward those defenses. Essentially this means that divorce is not possible without actually going through separation proceedings which can be done quickly if parties can proof they have been living separated for four year out of five prior to the application.

A Maltese divorce application can also be filed during separation proceedings by an application by one of the parties before the final judgment on the separation is delivered. The proceedings will continue as if it were a normal separation and also the same witnesses will be heard. Other witnesses can also be introduced that are related to the divorce proceedings as this is an addition to the separation proceedings. In any case the proceedings can only continue after the advocates of both parties and the court have tried to let the parties involved reconcile their relationship. The reconciliation is stated in the Malta divorce law under article 66I of the Civil Code. Also deriving from the same article is the fact that both parties have to agree on an agreement with a mediator listed on a list chosen and by the Minister. This is important since any agreement reached without any of these mediators will not be admissible in court.

According to the divorce law in Malta the agreement has to concern a number of issues. The care and custody of the children has to be agreed upon and also the access of both parties to the children. Important is that the maintenance for the spouses of for one spouse is discussed and agreed upon and of course the maintenance for the children. Divorces cannot be delivered is the residence in the matrimonial home is not agreed upon and also the division of acquest or the community of residence under separate administration is to be agreed upon. These issues will be discussed in more detail on separate pages on this website.

The Civil Courts of Malta will be hearing all the proceedings related to divorce and for the case to be heard article 66N states a number of conditions. The first one states that at least one of the spouses was domiciled in Malta on the date of filing for divorce before the competent court. The second one states that at least one of the spouses was an ordinarily resident in Malta for at least one year immediately preceding the filing for divorce in Malta. Failure to abide by these provisions will result in the case not being heard as it would not be in accordance with the Malta divorce law. All together this for Malta progressive law is thorough and well thought of whilst protecting the interest of all parties involved. The divorce law in Malta gives people a real chance to move on with their lives while looking at what is best for them.