Personal separation

Separation by public deed or through the courts, and where mediation fits in.

Two chairs set apart at a small table on a quiet limestone terrace

Personal separation lets a married couple end their shared married life without ending the marriage. This page explains the basics in plain language. The pages in this section go into more detail. Article numbers refer to the Civil Code.

In short

Separation ends the obligation to live together as spouses, for all civil purposes (article 35). The marriage itself continues.
There are two routes. You can separate by agreement, through a public deed that the court authorises (article 59). Or one spouse can ask the court to pronounce a separation against the other, on one of the grounds set out in the law (article 36).
A separation case starts with mediation. Before a spouse can bring a case, the Family Court must authorise them to proceed, and that follows a period of mediation. See Family Court mediation.
It settles practical questions: the children, maintenance, the matrimonial home and your shared property.
Divorce can follow. If you are separated by a contract or a court judgment, that satisfies the living-apart condition for divorce (article 66B).

When one spouse can ask the court for a separation

A spouse can demand separation on any of these grounds:

Adultery by the other spouse (article 38).
Excesses, cruelty, threats or grievous injury by the other spouse against them or against any of their children, or on the ground that the spouses cannot reasonably be expected to live together because the marriage has irretrievably broken down (article 40).
Desertion for two years or more without good grounds (article 41).

Separation can also be agreed between you. See separation by public deed.

What separation changes

Children. The court decides who has custody, and the welfare of the children comes first (article 56). Each parent keeps the right to watch over the children’s maintenance and education, and is still bound to contribute to them. The court arranges access (article 57).
Maintenance. Separation does not release a spouse from a duty to maintain the other and any children where maintenance is due (article 54). The court weighs what each side needs, what each can earn and the circumstances of the children.
The matrimonial home. The court can decide who lives in it, can order it sold, or can assign it to one spouse (article 55A).
Shared property. The community of acquests comes to an end when the separation judgment becomes final, or earlier if the court orders it (article 55).
Surname. You can choose to go back to your birth surname or the surname you had when you married (article 62).
Other people. Separation takes effect against third parties only from the day it is registered in the Public Registry (article 62A).

What separation does not change

You are still married, so you cannot marry anyone else. You can reunite at any time, and living together again voluntarily restores the obligations of married life, including maintenance (articles 63 and 64).

Separation or divorce?

Neither choice is right for everyone. Many couples choose one over the other for personal, financial or religious reasons. If you separate first, you can apply for divorce later, on the basis that you are already separated. Our page on divorce explains the other route.

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.

What is mediation, and is it compulsory?

Mediation is a series of sessions with a trained neutral mediator, who helps you reach agreement or tests whether you can reconcile. Before a separation or divorce case can begin, the Family Court sends you to mediation. Mediation generally involves at least six sessions within eight months, extendable by up to four months, although mediation that is unsuccessful may be ended earlier. You do not need it for a divorce if you are already separated by a contract or judgment.

What you agree in mediation becomes binding only when the court approves it by decree. What is said in mediation is private and cannot be used as evidence. See family mediation in Malta.

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?

Can we separate without going to court?

You can separate by agreement through a public deed, without a contested case, but the court must authorise it. You agree the terms, a draft deed is prepared and reaches the court, a mediator examines it, and before giving its authority the court explains the consequences of separation, tries to reconcile you and may change or add conditions.

The separation takes effect against other people only from the day the deed is registered in the Public Registry. We recommend that each spouse takes their own legal advice. See consensual separation by public deed.

All questions