Divorce

Requirements, process and what to expect, whether the divorce is agreed or contested.

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Divorce has been available in Malta since 2011. If your marriage has ended, you can ask the civil court to dissolve it. This page explains the basics in plain language. The pages in this section go into more detail.

In short

You do not have to blame your spouse. The application does not need to say the other person was at fault.
The court looks at a few conditions. You must have lived apart for long enough, or already be separated by a contract or a judgment. There must be no reasonable prospect of reconciliation, and you, your spouse and your children must be receiving adequate maintenance where it is due.
Mediation comes first. If you are not already separated by a contract or a court judgment, you go to mediation before the divorce case can begin. Under the 2026 rules, that generally means at least six sessions within eight months, although mediation that is unsuccessful may be ended earlier.
A divorce can be agreed or contested. Reaching agreement on the main questions can make the process simpler, but every family is different.

What divorce changes

When the court pronounces a divorce:

You are free to remarry.
The obligation to live together as spouses ends.
You no longer have the right to inherit from each other once the judgment is final.
Maintenance for a former spouse ends if that person remarries or enters a relationship that gives rise to an obligation of maintenance by someone else, unless the maintenance was ordered as a lump sum.

What divorce does not change

Your rights and duties as parents. Divorce does not affect them, or any agreement you have reached about the custody of your children.
Rights that other people have under agreements already made.
What you already agreed or were ordered in a separation. If you were separated by a contract or a judgment, the divorce does not change those terms, except for the effects the law gives to divorce itself.

Which court, and who can apply

Divorce is decided by the Family Court and pronounced in open court. A Maltese court can hear a divorce only if at least one spouse is domiciled in Malta when the application is filed, or has been ordinarily resident in Malta for the year immediately before. If your case also involves another EU country, European rules help decide which country’s courts can hear it. Foreign nationals can divorce in Malta: see divorce for foreigners and expats.

Thinking about divorce, but not sure?

Personal separation ends the shared life but not the marriage. You can read about it under personal separation. Whatever you decide, you can start with a conversation, and there is no obligation to go further.

Last reviewed on 8 October 2026. The law changes, so please check the current position with an advocate before acting.

Common questions

How long does a divorce or separation take?

The duration depends on whether the parties agree and on the complexity of the issues involved. An amicable separation or divorce can be concluded considerably sooner than a contested case. We will give you a realistic picture at your first conversation, without promising a result or a date.

How much does a divorce or separation cost?

No honest figure can be given without knowing your situation. Cost depends mainly on whether the case is agreed or contested, how many mediation sessions and hearings there are, how complex your property is, and whether experts are needed.

We explain our fees clearly before you decide anything. See what affects the cost of a divorce.

Do I have to prove that my spouse is at fault?

Not to obtain a divorce. The application does not need to say that the other spouse was at fault. Fault can still matter to some consequences: if the court finds one spouse responsible for the breakdown on certain grounds, it can apply the rules that apply on separation, which can affect things like a share of assets built up mainly through the other spouse’s work.

Can I get a divorce if my spouse does not agree?

Yes. One spouse can apply for divorce against the other, and the divorce does not depend on the other spouse’s agreement or on proving fault. The court must be satisfied that you have lived apart for long enough (at least one year out of the two years before the case began, or you are already separated by a contract or a court judgment), that there is no reasonable prospect of reconciliation, and that you, your spouse and your children are receiving adequate maintenance where it is due.

A contested divorce generally involves more hearings than an agreed one. See contested and consensual divorce.

Do we have to be separated before we can divorce?

No. The court looks at whether you have lived apart for long enough (at least six months out of the year before the case began if you apply together, or at least one year out of the previous two if one spouse applies), or whether you are already separated by a contract or a court judgment.

If a separation case is already under way, the two are connected: either spouse can ask for it to be treated as a divorce case, and a divorce request made separately is heard together with it. See requirements and process.

What is the difference between separation and divorce?

Separation ends the obligation to live together, but the marriage continues: you cannot marry anyone else, and you can reunite at any time. Divorce ends a valid marriage. If you are separated by a contract or a court judgment, that satisfies the living-apart condition for a later divorce.

Neither is right for everyone, and many couples choose for personal, financial or religious reasons. See divorce or separation: which route fits your situation?

All questions