What do you need to do to get a divorce in Malta?
Yes, divorce has been legal in Malta since 2011 — and the law became far faster in 2021. When it was introduced by the 2011 referendum, divorce required the couple to have lived apart for 4 years out of the previous 5. But Act XXV of 2021 removed that four-year period. Today, if the request for separation is made jointly, it is enough for the spouses to have lived apart for at least 6 months in the past year; if one party starts proceedings, one year is required. If there is already a legal separation or a public deed of separation, divorce can be requested immediately, with no waiting period. The myth: that "in Malta you must wait 4 years for a divorce" — that rule no longer exists. The court only needs to be satisfied that there is no reasonable prospect of reconciliation and that maintenance for the spouses and children is provided.
📋 The rules
- Divorce became legal in Malta after the 2011 referendum; before that year only separation existed.
- Act XXV of 2021 removed the requirement to have been separated for 4 years before requesting a divorce.
- Joint request for separation: the spouses must have lived apart for at least 6 months in the past year.
- Request by one party: they must have lived apart for at least one year before proceedings begin.
- After a separation judgment or a public deed of separation, divorce may be requested immediately, with no waiting period.
🔓 Exceptions
- The court grants divorce only if satisfied there is no reasonable prospect of reconciliation between the parties.
- Maintenance due to the spouse and children must be secured, though the spouse may waive that right.
- A divorce obtained abroad may be recognised in Malta, but it must be registered and meet the recognition rules.
⚠️ Penalties & fines
Divorce itself carries no "fine," but the cost of failing to agree can be steep. Maintenance, child custody and the division of the community of acquests are often decided by the Family Court after mediation, and a contested case can drag on for years and cost thousands in lawyers and expenses. Anyone who fails to pay court-ordered maintenance can be sued and even face criminal sanctions. A divorce does not automatically cancel a will naming the ex-spouse, nor does it change the beneficiary of an insurance policy or pension — these must be changed separately, or the money may end up with the ex. Until the divorce is final, the parties remain legally married and cannot remarry.
📎 Official sources
- Legislation Malta · Act XXV of 2021 (divorce amendments) →
- Legislation Malta · Civil Code (Cap. 16) — separation and divorce →
- European e-Justice Portal · divorce and legal separation in Malta →
❓ Frequently asked
Does Malta still require 4 years of separation for divorce?
No, that rule was removed by Act XXV of 2021. Today it is enough to have lived apart for 6 months if the request is made jointly, or a year if one party starts the case, and if you already have a legal separation you can request the divorce straight away.
How long does a divorce take in Malta?
A divorce agreed between the parties can be completed relatively quickly after mediation, but a case contested over children, maintenance or property can take years in the Family Court. The timeline depends heavily on how much the couple agrees on the terms and whether a court decision is needed.
Do you need a reason or "fault" to divorce?
No, divorce in Malta is based on the irretrievable breakdown of the marriage, not on anyone's fault. The court only needs to see that there is no prospect of reconciliation and that any maintenance due is provided, so you do not have to prove adultery or desertion.
Does divorce split the assets automatically?
Divorce dissolves the marriage, but the division of assets follows the matrimonial regime — usually the community of acquests — and is settled separately. If the parties do not agree, the Family Court decides how the assets and debts built up during the marriage are divided.
Can you remarry after a divorce in Malta?
Yes, once the divorce is final you are legally free to remarry. Before the divorce judgment becomes definitive you remain legally married, and a new marriage at that stage would be void and could bring a charge of bigamy.
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