Divorce in Malta may be demanded by a court application either jointly by both parties or else by one party against the other party.
Relatively recent amendments to the law on divorce proceedings in Malta has made the whole procedure much easier (by Act XXV of 2021.)
When spouses are already legally separated by means of a Court judgment or separation agreement, the parties may apply for a divorce immediately. For Divorce to be granted the Court must be satisfied that there is no prospect of reconciliation and the spouses, and all their children are receiving adequate maintenance, where this is due, according to what they would have agreed on.
On the other hand, if parties are not yet legally separated, it is no longer a requirement that such parties are separated by a contract or Court judgment. An application can be made jointly by the parties together so long as they have lived apart for a period of six months out of the preceding year. When the demand is made by one spouse against the other, they are required to have lived apart for at least one year out of the preceding two years. (Spouses who are not legally separated must first attend mediation proceedings before proceeding with divorce procedures).
Once the Court grants the Spouses Divorce, they are entitled to remarry, however if one of the parties is receiving maintenance from the other party, and subsequently remarries the said party will forfeit the right to receive maintenance from the previous spouse.
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