Family
Divorce since 2011, civil unions and a strong mediation requirement
Malta introduced divorce by referendum in 2011 and has since legislated for civil unions and marriage equality. Separation and divorce proceedings begin with compulsory mediation before the Family Court.
Key rules
- Divorce requires that the spouses have lived apart for at least six months and that maintenance is secured.
- Mediation before the Family Court is a compulsory first step in separation and divorce.
- Marriage is available to same-sex couples following the 2017 Marriage Act amendments.
Governing law
- Civil Code, sub-title on marriage (Cap. 16)
- Marriage Act and Civil Unions Act
In practice
The default matrimonial regime is community of acquests, which can be varied only by public deed before or during marriage.