Family mediation in Malta: what it is and whether it is binding

Before a separation or divorce case can begin in Malta, the Family Court sends you to mediation. This guide explains what that means. “Regulations” refers to the Family Court Proceedings Regulations, 2026. This is the court’s own process, which is separate from voluntary mediation arranged privately.

What a mediator does

A mediator is a trained neutral person from an official list. The mediator does not decide anything. The job is first to see whether you and your spouse can reconcile and, if you cannot, to help you reach an agreement on the children, maintenance, the matrimonial home and your shared property (regulations 23 and 24).

How it runs

• Generally at least six sessions within eight months, which can be extended by up to four months, although mediation that is unsuccessful may be ended earlier (regulations 19 and 37).
• The mediator can see you separately or together, with your advocates, and can hear your children (regulation 25).
• The mediator is chosen from the official list (regulation 14).
• What is said is private. It cannot be used as evidence in court (regulation 26 and Civil Code, article 66K).
• If domestic violence is raised, the mediator must immediately inform the judge (regulation 21). The procedure in regulation 20(1) for suspending mediation and an urgent hearing within four days has not yet come into force (Legal Notice 219 of 2026). Urgent applications under article 37 of the Civil Code remain available. See domestic violence in Malta: getting help and your legal options.

Is what you agree binding?

An agreement reached in mediation is not binding because you shook hands. If you agree on maintenance, the children’s care, custody, residence or access, you file a joint application and the court, once satisfied that the agreement is fair and in the best interests of everyone, issues a decree (regulations 28 and 46). If you agree to separate by agreement or to apply for divorce jointly, the draft goes to the court for approval (regulation 40).

If you cannot agree, either of you can ask the court to decide urgent points in the meantime, and when mediation ends, the court authorises the case to go ahead (regulations 29, 36 and 37).

Do you need an advocate?

You can have one at mediation. If you have none, the mediator explains that you can have one and that you should understand any agreement before you sign (regulation 25).

Read more

See Family Court mediation for the full detail.