Family Law

The branch of the law termed as family law, as the name suggests deals with family matters and domestic relations, including: marriage, civil unions, maintenance, care and custody of children, access rights, filiation, separation, annulments and divorce.

Enjoying a long experience on family law our lawyers at LexMalta, primarily examine the client's family matter in order to conclude whether reconciliation is possible or not. Where reconciliation is not attainable, our lawyers strive to aid the client by providing cogent representation throughout separation, annulment and divorce proceedings, starting from the mediation process to the litigation process where necessary.

Separation

At LexMalta, in order to provide a speedy and beneficial remedy to our clients who encounter difficulties which hinder them from coping with their marriage, our lawyers opt for consensual separation. Separation is not the end of the marriage; but it is rather when spouses for some reason or other - as in terms of Chapter 16 of the Laws of Malta, the Civil Code, decide to live apart.

Separations commence by mediation, after which no possibility of reconciliation is present, a contract is formulated in order to regulate just and fairly issues such as the separation of estate, maintenance, child custody, access rights and so on. After a decree by the court, the contract formulated can then be published by a Notary, registered in the public registry and binds all parties to it. In cases where consensual separations fail, litigation will follow.

Divorce

Introduced in October 2011 and regulated by the Maltese civil code, divorce can be sought after 4 years of separation between spouses and the other conditions stipulated in article 66B of the Maltese Civil Code. Divorce in contrast to separation is when the spouses not only live separately but it is the complete dissolution of their marriage, hence they are no longer deemed married and have the possibility to contract another marriage. Our lawyers make sure that our clients are helped efficiently during the divorce proceedings.