Separation Under Maltese Law – Part 3: Contentious Personal Separation Proceedings

This article is part of a series of articles discussing the various aspects of separation proceedings under Maltese law. This third and final article, outlines the process of Separation before the Maltese Courts from a procedural standpoint.

Contentious Personal Separation Proceedings

When the Mediation process does not lead to the spouses concluding a separation agreement, the mediator must inform the Civil Court (Family Section) and proceed to close off the mediation. Consequently, the Court issues a decree acknowledging termination of the mediation process and authorises the parties to proceed with an action to obtain legal separation. Any party wishing to institute separation proceedings must submit a personal separation application within two months from the date of the Court decree.