Divorce or separation: which route fits your situation?

Many people start with the question of whether they should separate or divorce. In Malta they are two different legal steps, and one can lead to the other. Article numbers refer to the Civil Code.

What each one does

• Personal separation ends the obligation to live together as spouses, for all civil purposes, but the marriage continues (article 35). You cannot marry anyone else. You can reunite at any time (articles 63 and 64).
• Divorce dissolves the marriage. You are free to remarry, and you no longer inherit from each other once the judgment is final (article 66L).

Either way, the court deals with the practical questions: the children, maintenance, the matrimonial home and the property you share.

What the court looks at

You do not have to blame your spouse (article 66D). The court looks at a few conditions: that you have lived apart for long enough (six months out of the previous year for a joint application, or one year out of the previous two if one spouse applies), that there is no reasonable prospect of reconciliation, and that you, your spouse and your children are receiving adequate maintenance where it is due (article 66B).

If you are already separated by a contract or a court judgment when the proceedings begin, that satisfies the living-apart condition.

The routes in practice

For both separation and divorce, the process starts with the Family Court authorising you to proceed, after mediation (article 66I and the Family Court Proceedings Regulations, 2026). A separation can also be made by agreement, by a public deed that the court authorises (article 59). See separation by public deed.

Why people choose one or the other

The law does not say which is better. People choose for personal, financial, family or religious reasons, and sometimes because they want to keep their options open.

Where to start

If you are unsure, you do not have to decide before you speak to someone. At a first conversation we can explain both routes and what each would involve for you. See our pages on divorce and personal separation.