Is a divorce granted abroad valid in Malta?

If you divorced in another country, you may need to know whether Malta treats the divorce as valid. This matters if you want to remarry in Malta, if you own property here, or if your civil status must be right on official records.

The general rule

Under article 33 of the Marriage Act, a decision of a foreign court, or an official act of equivalent effect by a foreign competent authority, on the status of a married person is recognised in Malta for all purposes of law if it comes from a country where either spouse is domiciled, or of which either spouse is a citizen.

So the test is the connection between the spouses and the country that granted the divorce. Either spouse’s domicile or citizenship is enough.

Divorces from other EU countries

For a divorce given in another EU country, the EU rules apply (Regulation (EU) 2019/1111, article 30):

• a decision given in one EU country is recognised in the others without any special procedure;
• no special procedure is needed to update civil-status records on the basis of it, as long as no further appeal lies against it;
• anyone with an interest can ask a court for a decision that there are no grounds for refusing recognition.

Recognition of a divorce must be refused in only four cases (article 38): if it is manifestly contrary to public policy; if it was given in the respondent’s absence and they were not properly served in time to defend; if it clashes with a decision between the same people in Malta; or if it clashes with an earlier decision between them from another country that qualifies for recognition in Malta.

Why it is worth checking

• Remarriage. If your earlier divorce was not recognised, a new marriage may be open to challenge.
• Property and inheritance. Your status affects your rights over property and succession.
• Records. Official records in Malta may need to show that you are divorced.

Before you rely on a foreign decree

Please take advice, particularly before you remarry. Bring the decree, with a translation if it is not in English, and details of where each of you lived and which citizenships each of you held when it was granted. See recognition of foreign divorces.