Family law in Malta


Source: Thomas Sitbon¸ PKF Malta

Date: 11th July 2013

“Family law has often been described as encompassing all those laws relating to the family. However¸ the very definition of “family” presents so many problems that this is rarely a satisfactory description.

To define family law in general¸ it is sufficient to simply say that it is the law relating to the family. However¸ in a more concrete and scientific way¸ the first step must be to define the meaning of family itself.

At the outset¸ it is apparent that family law means diverse things to diverse people and for this reason; it is often criticized for failing to be as objective as other categories of legislation. This unknown quantity is both its greatest strength and weakness. This law regulates human relationships. It reflects the moral health and wealth of the state it represents. Because people are constantly changing and attitudes and customs develop in keeping with these changes¸ family law often has a tough time keeping up”

Thus¸ Under “Family law”¸ we find a wide diversity of topic:
Marriage•Requisites for Marriage

•Marriage procedure

•Religious and Civil Ceremonies


•”Ineligible” Marriages – Contesting the Marriage Registrar

•Duties and Responsibilities of Marriage



•Marriage Contracts

•Creating and Changing Marriage Contracts

•Same Sex Marriages


Marriage Breakdown•Separation

•Good Grounds for Separation

•Consequences for party who gives rise to Separation

•Mediation Process

•Decisions Pending the Separation Process (Pendente Lite)


•Failing to Pay Maintenance

•Failing to Allow Access to Children

•Matrimonial Home

•Protection¸ Restraining and Treatment Orders

 Annulment and Divorce

•Annulment in General

•Annulment by Church Tribunal

•Annulment by the State



Domestic Violence•What Constitutes Domestic Violence?

•Repercussions for the Perpetrator


Acknowledging and Repudiating Children•Introduction

•Natural Parentage

•Impeaching Filiations

•Acknowledgement of Children Born out of Wedlock


Abduction•Introducing Abduction

•Fighting Abduction

•Preventing Harm through Abduction?

•Defenses Against Return


Care Orders•Introduction

•Contesting Care Orders


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