What happens at a first meeting with a family lawyer

Speaking to a family lawyer for the first time can feel like a big step. It is a conversation, not a commitment, and it can help just to hear your options explained plainly. Article numbers refer to the Civil Code, and “regulations” to the Family Court Proceedings Regulations, 2026.

What the meeting is for

• To listen. We ask about your situation: your marriage or relationship, your children, your work and your property.
• To explain the options. For a married couple, that usually means personal separation, divorce, or in some cases an agreement. For an unmarried couple, it may involve cohabitation. We set out the steps and what each would mean for you.
• To say what we do not yet know. We will not promise a result or a date. Every family is different.
• To answer your questions. About time, process and costs. We explain our fees clearly at the start.

What we ask

We start by listening, and we ask about the things the law will care about:

• Your relationship and household: how long you have been together or married, where each of you lives now, and whether you are still under the same roof.
• Your children: their ages, where they live and how care is shared at the moment.
• Money and property: income, savings, debts, the home, and anything you own jointly or separately.
• What you want: what an ideal outcome looks like, and what worries you most.

You do not need to have everything to hand. Approximate answers are enough to begin with.

If you are thinking about separation

Separation in Malta ends the obligation to live together as spouses, but not the marriage (article 35). We explain the two main routes:

• By agreement, through a public deed that the court authorises (article 59). See separation by public deed.
• Through the court, where one spouse asks the court to pronounce a separation on one of the grounds in the law: adultery (article 38), excesses, cruelty, threats or grievous injury, or an irretrievable breakdown of the marriage (article 40), or desertion for two years or more (article 41). See contested separation.

We also explain that divorce is a separate step you can take later, or instead. See divorce or separation: which route fits?.

What the process will ask of you

If a separation goes to court, the first step is to ask the Family Court for authorisation to proceed, followed by mediation (regulations 17 and 19). The spouse who starts the process files a sworn note listing their assets and liabilities, statements of income for the previous three years, and proposals on the children, maintenance and property. The other spouse has 20 days to reply (regulations 17 and 18). We tell you at the start what this involves, so that nothing comes as a surprise.

We also cover the practical questions that every separation raises:

• the children: who they live with, and how time with each parent is arranged (articles 56 and 57);
• maintenance for you, your spouse and the children (article 54);
• who lives in the matrimonial home (article 55A);
• how your shared property is dealt with (article 55).

What happens next is up to you

You are not obliged to go further. You do not have to decide to separate, to start proceedings, or even to tell your spouse. If you want to take time to think, that is fine. If you do go on, we agree with you what the next steps are.

What it helps to bring

• your marriage certificate, or the details of where and when you married;
• identity documents for you and, if you have them, your spouse;
• the names and birth dates of your children;
• an outline of your income, savings, debts and property;
• any separation judgment or contract, and any court orders already made.

None of it is required. You can come with nothing but your questions. A fuller checklist of financial documents is available if you want to prepare in advance.

If safety is a concern

If you or your children are at risk, say so at the start. The court can issue protection orders and hear urgent applications involving domestic violence within four days (articles 37 and 39). For services and what to expect, see domestic violence in Malta.

How to arrange it

You can send us an enquiry through the form on this website, or call. See contact.