MALTA Law and Practice Contributed by: John Bonello and Elian Scicluna, 8Point Law
In fact, the law further provides that – together with the divorce application – the advocate must file a declaration stating that this obligation has been fulfilled when the spouses are not legally separated. Given that in Malta most marriages are cel - ebrated in accordance with Catholic rites, it is pertinent to note that the effects of a divorce order are limited to the civil sphere. Unless such marriage is annulled by the competent church tribunal, a divorcee cannot contract a subse - quent church marriage. Annulment Prior to the introduction of divorce, the only pos - sibility for remarriage was for the parties to seek a declaration of nullity with regard to their failed marriage. Such a declaration implies that the marriage was null ab initio and therefore non- existent. The jurisdiction over civil annulments is gov - erned by the Marriage Act (Chapter 255 of the Laws of Malta) and an annulment petition is only allowed if at least one of the conditions speci - fied in Article 19 of the Marriage Act are satis - fied. An action for annulment of a marriage may only be brought before the Family Court by one of the parties to the marriage. The dissolution of a marital union through annulment can take place in the case of a defect in consent either through coercion, violence or fear, psychological anomalies, impotence that predates marriage, and lack of sufficient intellectual capacity at the time of marriage. The grounds for a Catholic Church (canonical) annulment are governed by the Code of Canon Law. In terms of a treaty between Malta and the Holy See, once a competent church tribunal grants an annulment, either party may demand
that the court of appeal order the registration of such decision in the Public Registry of Malta. In such cases, the court of appeal verifies and confirms that the church tribunal followed the correct procedure in granting the annulment. Same-Sex Marriages in Malta Following amendments to the Maltese Civil Code introduced in 2017, same-sex couples have been placed at par with heterosexual cou - ples. In case of marital issues and breakdown, the ordinary separation and/or divorce proce - There is no set timeframe within which proceed - ings must be appointed for trial before the Mal - tese courts. Once an action is brought before the Family Court, a first hearing is typically sched - uled within a few weeks. Service of the personal separation or divorce application (where this is done by one spouse and is not joint) is effected at the defendant’s residence or place of work. The procedure to be followed for valid service of any judicial act is set out in the Code of Procedure and must be adhered to meticulously. Once served, the defendant would have several days to reply to the plaintiff’s pleas – after which, the case would be appointed for hearing before the Fam - ily Court. dures are to be followed. Timeframe and Service No timeframe is imposed on the judiciary to deliver a decision. This will depend on several factors – mainly, the complexity of the case and the evidence brought by the parties. 1.2 Choice of Jurisdiction As with all civil cases, national rules on jurisdic - tion are applied by Maltese courts; these rules apply also in matrimonial cases. In terms of the
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