Family Law · Malta
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From separation and divorce to child custody, maintenance and matrimonial property, Malta’s mixed civil-law and common-law system creates practical hurdles. We match you with a warranted advocate who handles family law matters and explains your options clearly.
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Family law in Malta
Why Malta’s family law requires local expertise
Family law matters in Malta sit at the meeting point of two legal traditions. The Civil Code, rooted in the French Code Napoléon, governs marriage, separation, divorce, custody and inheritance, while procedural and court practice follow the adversarial common-law model introduced under British rule. Because the system is codified yet adversarial—and because Maltese is the language of the courts—family law lawyers in Malta help you navigate both the substantive rules and the practical steps in court. They can explain how the default community of acquests affects your assets, what the reserved portion means for your estate, and how notarial deeds fit into property settlements. Rather than navigating court forms, tariffs and bilingual procedures alone, you can be matched with a warranted advocate who handles family law matters and who will outline your options in clear English.
Malta essentials
How family law works in Malta
Family law practice in Malta draws on the Civil Code, court rules and the dual role of advocates and notaries. The points below summarise the verified legal framework that affects most family and succession matters.
A mixed legal system
Maltese private law is based on the continental civil-law tradition—the Civil Code of 1868 derives from the French Code Napoléon—while public, procedural and administrative law bear English common-law influence. The system is codified yet adversarial, without a formal doctrine of binding precedent. This dual foundation shapes how family disputes are pleaded and how court decisions are reasoned and appealed.
Bilingual court practice and legal education
Malta has two official languages, Maltese and English, with the Maltese text prevailing where legislation conflicts. Maltese has been the language of the courts and of notarial deeds since 1934, while legal education is imparted in English. Court rulings and notarial deeds are drafted in Maltese, but English is widely used in legal practice, so clients can be advised in English.
Default matrimonial regime: community of acquests
Under Article 1316 of the Civil Code, a marriage celebrated in Malta produces ipso jure between the spouses the community of acquests, unless the spouses opt by public deed for another regime such as separation of estates or CORSA. Property acquired through work or industry during the marriage and fruits of separate property form part of the community, and spouses cannot derogate from mandatory provisions.
Notary public and property formalities
Malta keeps a separate profession of Notary Public, a public officer who authenticates and drafts public deeds, distinct from the advocate who pleads before the courts. Immovable property is transferred and encumbered by public deed executed before a notary, with ownership passing only upon execution and registration. The preliminary contract of sale—konvenju—is also normally drawn up by a notary.
Forced heirship and the reserved portion
Maltese succession law restricts testamentary freedom through the reserved portion under Articles 615–616 of the Civil Code. Descendants are entitled to one-third of the estate if there are up to four children, or one-half if five or more, while the surviving spouse is entitled to one-fourth where there are children and one-third where there are none. Foreign testators cannot assume common-law testamentary freedom.
Single unified legal profession
Malta has a single type of lawyer—the advocate, with ‘lawyer’ and ‘advocate’ used interchangeably—and no barrister/solicitor split. A warrant issued by the President is required, with knowledge of Maltese and examination by two judges. Alongside advocates, legal procurators handle procedural acts such as service and filings; both roles appear in the statutory fee tariffs.
The data on this page is drawn from official Maltese and EU sources, including e-Justice and the Laws of Malta, last verified on 30 April 2025.
Common challenges
When family law feels overwhelming
Malta’s bilingual, mixed legal system can leave you unsure of the next step. These are the situations our matching service helps you address.
Separating or divorcing under community of acquests
The default regime pools assets acquired during marriage. Without expert guidance you may overlook what is shared and what remains separate.
Child custody and maintenance across two languages
Court documents in Maltese, English-language advice and statutory tariffs create practical friction. A local advocate can bridge the gap.
Inheritance and forced heirship surprises
The reserved portion limits testamentary freedom, so a will drafted abroad may not work as intended. Local advice helps avoid costly disputes.
How our matching helps
A calmer, more informed path
We connect you with a warranted advocate who knows family law in Malta. You stay in control.
Matched to your issue
Tell us about your separation, divorce, custody, maintenance or succession matter. We identify an advocate with relevant experience.
Verified local advocates
Every professional on our platform holds a Maltese warrant and understands the Civil Code, court practice and notarial requirements.
Clear English communication
You are advised in English even when court documents are in Maltese, so you can make decisions with confidence.
Free and no obligation
Matching is free. You receive a shortlist and decide whether to instruct the advocate; there is no charge for the introduction.
Other European jurisdictions
We also cover family law in these countries
Working across borders? Explore our family law matching services in other European countries.
Frequently asked questions
Family law in Malta: answers
What is the community of acquests in Malta?
It is the default matrimonial property regime under Article 1316 of the Civil Code. Property acquired through work or industry during the marriage, and the fruits of separate property, form part of the community, unless the spouses choose another regime by public deed.
Do I need an advocate for family law matters in Malta?
In contentious proceedings before the Superior Courts, representation by an advocate is required. A party may appear in person before the Small Claims Tribunal, but for family law issues an advocate is strongly advisable. We match you with a warranted family law lawyer in Malta.
How are Family Law lawyers in Malta regulated?
Malta has a single unified profession of advocate, with no barrister/solicitor split. Access is controlled by a warrant from the President of the Republic, and the profession is regulated by the Commission for the Administration of Justice. The Chamber of Advocates is the recognised consultative body.
What role does a notary public play in family property matters?
In Malta, a notary public is a separate public officer who authenticates and drafts public deeds. Transfers and encumbrances of immovable property, and often the preliminary contract of sale, are executed before a notary. A lawyer can coordinate the process.
Does Malta recognise wills drafted abroad?
Maltese law includes forced heirship rules under the reserved portion, limiting testamentary freedom. Descendants and the surviving spouse have statutory rights. A foreign will may be valid but its effects can be constrained by these reserves, so local advice is essential.
Can I get legal aid for family law cases in Malta?
Legal aid is administered by Legal Aid Malta. In civil cases, applicants must pass both a means test and a merits test; the means test caps net property value at EUR 13,000 for the preceding twelve months. Eligible persons are assigned a lawyer and a legal procurator by court decree.
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