What the 2026 family court reform changes for families

In 2026, Malta’s family court reform came into effect through the Family Court Proceedings Regulations, 2026 (Legal Notice 216 of 2026) and Legal Notice 218 of 2026. Legal Notice 219 of 2026 brought most of the regulations into force on 1 October 2026, but not every provision: regulation 20(1), on domestic violence, is excluded and has not yet come into force. This guide explains what changed in practice, in plain language. “Regulations” means the 2026 regulations, and “the old rules” means the family procedure rules they replaced (S.L. 12.20).

The short version

• there is a dedicated Family Court;
• a spouse who starts a case now files sworn financial details and proposals at the very beginning;
• mediation is longer and more structured;
• urgent points such as maintenance and the children can be decided during mediation within set times;
• the evidence stage of a case is divided into two set stages;
• the rules on domestic violence and on breaches of court orders are firmer.

A dedicated court

Article 32B of the Code of Organization and Civil Procedure creates a Family Court presided over by one judge. Family cases that used to go to the Civil Court (Family Section) now go to it. In Gozo, the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Section) continues to do that work, unless the Minister decides otherwise.

Starting a case asks more of you

Under the old rules, a spouse who wanted to separate or divorce started with a letter to the court asking for authorisation. Now the letter or application must come with a sworn note listing assets and liabilities, including the matrimonial home, a statement of income for the previous three years (such as the FS3), and proposals for dividing property and for the children, residence, access and maintenance. The other spouse has 20 days to reply with their own proposals (regulations 17 and 18).

Mediation

Under the old rules, mediation could end two months after the letter was filed, unless the court allowed longer (regulation 4(12)). Now mediation generally involves 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). A coordinator in the Court Services Agency makes sure the assignment of mediators and the paperwork run properly (regulation 3(2)). If someone does not turn up, the mediator asks for a written explanation, and the court can order them to justify their absence and take that into account (regulation 22).

What is said in mediation is still private, and proposals and reactions cannot be used as evidence (regulation 26).

Urgent decisions during mediation

You no longer have to wait for the end of mediation to settle urgent questions. Where you agree on maintenance, care, custody, residence or access, a joint application lets the court issue a decree (regulation 28). Where you disagree, either of you can ask the court to decide, and it must either decide within 20 days, or hold a hearing within 20 days and decide within 15 days after it (regulation 29).

Children and safety

• Children’s Advocates and support persons. The court can appoint a Children’s Advocate to represent the children, with no means test (regulation 16). Support persons can act as court experts, who must report within four months, extendable by two (regulation 6), or as therapists, whose therapy is confidential (regulations 7 and 8).
• Domestic violence. The mediator must immediately inform the judge if domestic violence is raised or suspected (regulation 21). Regulation 20(1), which provides for the court to suspend mediation and hear the matter within four days where the first letter comes with evidence of domestic violence, has not yet come into force (Legal Notice 219 of 2026). If evidence of violence turns out to be false or misleading, the court refers it to the police (regulation 20(2)).
• Access. The regulations state that access is an obligation for the parent who has it and for the other parent to provide it, and that a breach is a breach of a court decree (regulation 32). Where decrees are repeatedly breached, the court can suspend or vary the rights of the party in default (regulation 34).

Maintenance

A decision on maintenance must be reasoned and must set out how each parent contributes to the children’s health, education and extracurricular expenses. Maintenance can be deducted directly from salary, or paid by standing order (regulation 30). A new article 21A of the Civil Code allows the Minister to make regulations on how maintenance is calculated.

The timetable of a case

Both the old and the new rules give two months after the court authorises you to start the case (regulation 47). The change is in the evidence stage. Under the old rules, the pre-trial period could run for up to one year after the written pleadings closed. Now it is divided into two stages: up to six months for the first side to file evidence and then up to six months for the other, extendable on serious grounds (regulation 47). The law still sets no time for the judgment itself.

Agreeing and changing

• Separation by agreement. The mediator still has a month to examine a draft deed. A session with the mediator is not held online unless the mediator and the parties agree (regulation 41).
• Changing an agreement or judgment. If you both agree, you file a joint application and no longer have to go through mediation (regulation 44).
• Unmarried parents. Disagreements about children and maintenance go through the same mediation (regulation 39), and while proceedings are pending the Family Court can decide the division and sale of a home owned by unmarried parties (regulation 45). See children of unmarried parents.

The home during a case

A new article 47A lets a spouse who leaves the matrimonial home ask the court to allow a reasonable sum to be taken from the community of acquests to pay for somewhere else to live (Civil Code, article 47A).

What has not changed

The grounds for separation and the conditions for divorce are the same. The children’s welfare is still the paramount consideration. See what happens at a first meeting and Family Court mediation.

What this means for you

If you are thinking about separating or divorcing, getting your income statements and a picture of your assets together early will save time under the new system. We can explain the steps for your case before you decide anything.