Separation
Separation is one of the solutions available to couples facing difficulties within their marriage. It is regulated by the Civil Code and it may be requested on the following grounds:
Contrary to divorce, in the eyes of the law, a legally separated couple is still considered to be married and thus cannot seek to re-marry.
It is compulsory by Maltese Law for all couples to undergo a process of mediation in order to define any possibility of reconciliation, however if this is unsuccessful, we will assist you in drafting and finalising an amicable agreement to regulate such separation. The firm is able to advise and assist clients in both Consensual Separations as well as Court Separation.
Consensual Separation
A consensual separation is the most efficient way of obtaining a separation and the procedure involves reaching an amicable agreement on the way the financial and non-financial issues concerning the separation should be regulated, including issues concerning maintenance, care and custody of children, division of commonly owned property etc.
The Court will then refer the matter to a mediator whose task will be to investigate the possibility of reconciliation and if no such possibility exists, to ensure that the couple have reached an amicable agreement regulating their separation. The mediator will then report back to the court on the achievements made and the Court will issue a decree approving, amending or rejecting the contract agreed upon between the parties.
This agreement is finally presented to the Family Court for approval, following which it will be published by a Public Notary and become a binding contract.
Court Separation
Should a consensual separation not be possible for any reason, either party may institute separation proceedings before the Family Court. In such a case it will be the Court that will regulate the separation between the parties and will take all the decisions necessary to regulate the financial and non-financial issues relating to the former family life of the couple.
The Court will appoint a mediator whose task will be to investigate the possibility of reconciliation and if no such possibility exists, to guide the parties towards reaching an amicable settlement without the need to resort to a court separation. Where the mediator is not successful, the case is then heard before the Family Court which will ultimately decide on the manner in which the separation is to be regulated.
For more information on separation proceedings in Malta contact us
- Adultery
- Threats, excesses, or grievous injury
- Desertion
- Irretrievable breakdown of marriage
Contrary to divorce, in the eyes of the law, a legally separated couple is still considered to be married and thus cannot seek to re-marry.
It is compulsory by Maltese Law for all couples to undergo a process of mediation in order to define any possibility of reconciliation, however if this is unsuccessful, we will assist you in drafting and finalising an amicable agreement to regulate such separation. The firm is able to advise and assist clients in both Consensual Separations as well as Court Separation.
Consensual Separation
A consensual separation is the most efficient way of obtaining a separation and the procedure involves reaching an amicable agreement on the way the financial and non-financial issues concerning the separation should be regulated, including issues concerning maintenance, care and custody of children, division of commonly owned property etc.
The Court will then refer the matter to a mediator whose task will be to investigate the possibility of reconciliation and if no such possibility exists, to ensure that the couple have reached an amicable agreement regulating their separation. The mediator will then report back to the court on the achievements made and the Court will issue a decree approving, amending or rejecting the contract agreed upon between the parties.
This agreement is finally presented to the Family Court for approval, following which it will be published by a Public Notary and become a binding contract.
Court Separation
Should a consensual separation not be possible for any reason, either party may institute separation proceedings before the Family Court. In such a case it will be the Court that will regulate the separation between the parties and will take all the decisions necessary to regulate the financial and non-financial issues relating to the former family life of the couple.
The Court will appoint a mediator whose task will be to investigate the possibility of reconciliation and if no such possibility exists, to guide the parties towards reaching an amicable settlement without the need to resort to a court separation. Where the mediator is not successful, the case is then heard before the Family Court which will ultimately decide on the manner in which the separation is to be regulated.
For more information on separation proceedings in Malta contact us