Recognition of foreign divorces

If you divorced in another country, you may need to know whether Malta treats that divorce as valid. This matters if you want to remarry in Malta, if you hold property here, or if your civil status needs to 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 the courts or competent authorities of 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 EU countries

For a divorce given in another EU country, the Marriage Act is expressed to be “without prejudice” to the EU rules (Regulation (EU) 2019/1111, article 30). Under those rules:

• No special procedure. A decision given in one EU country is recognised in the others without any special procedure.
• Records. No special procedure is needed to update civil-status records on the basis of a divorce given in another EU country, as long as no further appeal lies against it.
• Checking. Anyone with an interest can ask a court for a decision that there are no grounds for refusing recognition.
• Grounds for refusal. 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 the respondent was not properly served in time to defend (unless they unequivocally accepted the decision); if it clashes with a decision between the same people in Malta; or if it clashes with an earlier decision between the same people from another country that qualifies for recognition in Malta.

Why this 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. A foreign divorce may need to be recorded in the Public Registry, and the steps depend on your case.

If you are not sure

Please take advice before you rely on a foreign decree, particularly before you remarry. Bring the decree itself, 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. We can tell you whether the divorce is likely to be recognised and what to do if it is not.