The Family Court in Malta: what it does and how a case starts
Which cases the new Family Court in Malta hears, why separation and divorce start with mediation, and how urgent matters about children are handled.
Many people searching for the Family Court in Malta want to know where it is and what it does. This guide explains what the law says about it.
A dedicated court
Act VII of 2026 added article 32B to the Code of Organization and Civil Procedure, creating a Family Court presided over by one judge. Cases that used to go to the Civil Court (Family Section) now go to it. In Gozo, family cases continue to be heard by the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section), unless the Minister decides otherwise (article 32B(4)).
What it deals with
Article 32B(2) assigns to the Family Court civil cases relating to:
- Titles I, II and IV of Book First of the Civil Code, which include the rules on separation and divorce;
- the Maintenance Orders (Facilities for Enforcement) Ordinance and the Maintenance Orders (Reciprocal Enforcement) Act;
- the Marriage Act; and
- the Child Abduction and Custody Act.
The Minister can add other family-related matters by regulation.
How a case starts
For separation and divorce, you do not go straight to a hearing. The Family Court Proceedings Regulations, 2026 (Legal Notice 216 of 2026) require you first to ask the court for authorisation to proceed, and then to attend mediation with a mediator from an official list. The court then authorises the case to go ahead if mediation does not succeed. See Family Court mediation.
Children and urgent matters
The court can appoint a Children’s Advocate to represent your children, can decide urgent points on maintenance or the children in the meantime (Family Court Proceedings Regulations, 2026, regulations 15, 16 and 29). Where domestic violence is involved, an urgent application under article 37 of the Civil Code is heard within four days. The separate procedure in regulation 20(1) for suspending mediation and holding an urgent hearing has not yet come into force (Legal Notice 219 of 2026).
The reform is now in effect
The Family Court Proceedings Regulations, 2026 (Legal Notice 216 of 2026) and Legal Notice 218 of 2026 brought the family court reform into effect, so the process described here is the one that now applies. Legal Notice 219 of 2026 commenced the regulations from 1 October 2026, but not every provision: regulation 20(1), on domestic violence, is among those not yet in force.
Getting help
If you are not sure where to start, send us an enquiry and we will explain the steps for your case.
Last reviewed on 11 October 2026. The law changes, so please check the current position with an advocate before acting.
This article gives general information and is not advice on your own situation.
