Overseas bank accounts are not beyond financial disclosure in a Maltese separation case
Malta’s Court of Appeal ordered a husband to produce statements for his own accounts, including accounts abroad. What the ruling covers.
Guides, case notes and news on family law in Malta
Plain-language articles from the practice. Case notes summarise noteworthy judgments from Malta, the CJEU, the ECtHR and the UK, with the parties in family cases anonymised.
Assigning the matrimonial home requires a reliable valuation and a proper financial settlement
Malta’s Court of Appeal kept a wife’s assignment of the matrimonial home but required a current expert valuation and a proper settlement with the husband.
A divorce application cannot sidestep a pending separation action
Malta’s Court of Appeal dismissed a separate divorce action while a separation case was pending, applying the connection rule in article 66F.
A spouse does not have to endure repeated violence before seeking separation
Malta’s Court of Appeal confirmed that one proven act of violence can justify personal separation. A spouse need not wait for it to be repeated.
A relationship and plans for property works do not, by themselves, prove joint ownership
Malta’s Court of Appeal rejected a former partner’s claim that a property was bought on behalf of both of them, finding the evidence did not support it.
Separate property does not take every reimbursement dispute out of family proceedings
Malta’s Court of Appeal held that a wife’s claim to be repaid for payments made for her husband stayed in the family case, despite separate property.
Shared care changes the maintenance calculation, but does not end the duty to support children
Malta’s Court of Appeal increased a father’s contact and found no monthly maintenance was due between parents sharing care. What it decided.
Owning the matrimonial home does not always decide who may live in it after separation
Malta’s Court of Appeal gave a wife temporary exclusive occupation of a home her husband owned. Ownership and occupation answer different questions.
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