Separation Under Maltese Law – Part 1: The Journey To Amicable Solutions

Defining Mediation

On the 21st December 2004, Chapter 474 of the Laws of Malta, entitled 'The Mediation Act' was enacted with the scope of encouraging and facilitating the settlement of disputes in Malta through mediation. The definition of mediation under Maltese law is; the process in which a mediator facilitates negotiations between parties to assist them in reaching a voluntary agreement regarding their dispute.

In a family law context, it is mandatory for spouses to attend mediation sessions prior to acquiring Court authorisation to proceed with a law suit for personal separation or divorce. For the purposes of this article, reference will be made to instances where the parties are spouses; opting for an amicable separation. It must be noted that Mediation is mandatory in the event of disputes between parties (whether married or otherwise) concerning; the care and custody of minor children, maintenance payments, visitation rights, the community of acquests