02.09.2026
Written by Senior Assoicate Dr. Marcus Degiorgio
Significant reforms to the manner in which family proceedings are conducted in Malta are set to be introduced following the publication of Legal Notice 216 of 2026, establishing the Family Court Proceedings Regulations, and Legal Notice 218 of 2026, concerning the transfer of causes from the Civil Court (Family Section) to the Family Court. Written by Senior Assoicate Dr. Marcus Degiorgio
The reforms go considerably beyond a change in the designation of the Court. They introduce a detailed procedural framework governing mediation, financial disclosure, interim measures, the representation of children, therapeutic support, domestic violence, maintenance, care and custody, residence and access, and the conduct of contested family proceedings.
Legal Notice 216 of 2026 is not yet in force. The Regulations provide that they shall come into force on such date or dates as the Minister responsible for justice may establish by notice in the Government Gazette. Different commencement dates may also be established for different provisions or purposes.
Separately, Legal Notice 218 of 2026 establishes the 1st of October, 2026 as the date on which all causes assigned for hearing by the Civil Court (Family Section) are to be assigned to the Family Court.
A More Structured Commencement to Separation Proceedings
One of the most significant changes concerns the information which parties will be required to place before the Court at the very beginning of personal separation proceedings.
Where one spouse intends to proceed with personal separation against the other, that spouse must first request authorisation from the Family Court by filing a mediation letter. In the case of divorce proceedings, an application is to be filed.
In personal separation proceedings, the spouse filing the mediation letter must also file a sworn note containing, to the best of his or her knowledge, a list of:
The party must also provide evidence of income. This may include an FS3 issued by the employer, a statement of income covering the preceding three calendar years, a profit and loss statement covering that period, or other official documentation indicating income. Where such documentation is unavailable, a sworn declaration must be made to that effect.
Importantly, the initiating party must also put forward proposals concerning the liquidation and division of assets, debts and credits and the matrimonial home.
Where children are involved, the proposal must also address their care and custody, residence, access rights, maintenance and the allocation between the parties of expenses relating to health, education and extracurricular activities.
The mediation letter, supporting note and appointment for the first mediation session will then be served upon the other party, together with an order to attend the scheduled mediation sessions. The counterparty will generally have twenty days within which to respond to the proposals and, where applicable, submit counter-proposals together with the relevant information and documentation.
This represents an important move towards requiring the parties to identify both their financial positions and their proposed solutions from the outset of proceedings.
Mediation Will Operate Within Defined Timeframes
Before granting authorisation to institute personal separation or divorce proceedings, the Court is to summon the parties to appear before a mediator.
Under the new framework, the mediator is to schedule not less than six mediation sessions within a maximum period of eight months.
That period may be extended for a maximum of a further four months, either by agreement between the parties or by order of the Court for a valid reason upon the request of a party or the mediator.
The mediator must initially seek to reconcile the parties. Where reconciliation cannot be achieved, the mediator is to endeavour to assist the parties in reaching an agreement so that the personal separation may be concluded amicably.
There is, however, no requirement for an obviously unsuccessful mediation process to continue merely for the sake of exhausting the applicable timeframe. Where the mediator forms the view that reconciliation is unlikely or that an agreement cannot be reached, the mediator may inform the Judge before expiry of the mediation period so that the Court may proceed accordingly.
The Children’s Advocate
A particularly important aspect of the reforms is the formalisation and strengthening of the role of the Children’s Advocate.
The Minister is to draw up a list of advocates who hold a warrant to practise as Children’s Advocates and who possess experience in family law.
The principal function of the Children’s Advocate is to act as guardian ad litem for minor children.
The role includes:
The provision of explanations and information directly to the child is subject to the Family Court considering that the child possesses sufficient understanding and maturity.
Where minor children are involved in mediation proceedings, the Court may, upon the request of a party or the mediator and after considering the circumstances and the best interests of the child, appoint a Children’s Advocate to assist the child throughout the proceedings.
The Regulations further provide that there is to be a Children’s Advocate assigned to all the children in each case throughout the proceedings. Where the Court considers that a conflict of interest may exist between children in the same case, it may order the Legal Aid Agency to appoint more than one Children’s Advocate.
Support Persons and Therapeutic Intervention
The Regulations also establish a structured system of support persons, who may act either as Court experts or as therapists.
Support persons acting as Court experts may, amongst other matters:
A support person acting as a Court expert is generally required to submit his or her report within four months from the date of appointment. That period may be extended by the Court for a further two months on valid grounds.
Where a person fails to meet or cooperate with a support person acting as Court expert, the expert is to inform the Court, which may take such measures as it considers appropriate, including ordering that person to bear expenses incurred as a result.
Where the expert's report identifies the need for therapeutic intervention, the Court may appoint a support person to act as therapist for minors, the parties or other relevant persons during the proceedings.
Confidentiality of Therapy
The therapeutic process is expressly protected by confidentiality.
A support person providing therapy may not be called to testify or otherwise be required to disclose information concerning facts which came to his or her knowledge while providing the therapy.
At the same time, the Regulations expressly provide that no person is to be obliged to undergo therapy against his or her will.
The appointment of a support person is not intended to delay the proceedings. Mediation and judicial proceedings are to continue notwithstanding such an appointment.
Domestic Violence
The Regulations introduce a specific procedure where domestic violence arises during family proceedings.
Where a mediation letter is accompanied by evidence substantiating a case of domestic violence, the Court may, upon an application by either party and after the application has been served upon the counterparty with an opportunity to reply, suspend the mediation procedure.
Where the Court considers it appropriate to do so, the application is to be appointed for hearing within four days, allowing the Court to adopt such measures as it deems necessary, including measures under article 37 of the Civil Code, and to determine whether mediation should continue or be terminated.
The mediator is also placed under an express obligation to act where domestic violence comes to his or her attention during mediation. If the mediator becomes aware of, or has reason to suspect, domestic violence, the mediator must immediately inform the Judge by means of a note.
Allegations of Intentional Manipulation of a Minor
The Regulations also specifically address allegations of intentional manipulation of a minor by one of the parties.
Where such an allegation is made, the application is to be served upon the other party, who is to be afforded up to a maximum of ten working days to reply.
The Court may thereafter appoint the application for hearing within four days and, after hearing the parties, adopt appropriate measures. These may include suspending mediation, appointing a Children’s Advocate or appointing a support person as Court expert to provide recommendations and conclusions.
There is also an important safeguard against abuse of these procedures.
Where the Court finds that evidence submitted concerning alleged domestic violence or intentional manipulation of a minor was false or misleading, the Court is to refer the matter to the Executive Police for investigation, including as to whether an offence under article 101 of the Criminal Code or any other offence has been committed.
Interim Decisions During Mediation
The Regulations recognise that important issues may require determination before mediation or the principal proceedings are concluded.
Where agreement is reached during mediation on maintenance, access, care and custody or the residence of children, the parties may file a joint application for the Court to issue a decree in camera on the agreed matters, provided the Court is satisfied that the agreement is fair and in the best interests of the parties and the children.
Where disagreement remains on matters including maintenance, care and custody, residence, therapeutic needs, educational or extracurricular activities or another substantial issue, either party may apply to the Court for an interim determination.
The Court may determine the application in camera within a maximum of twenty days.
Where the Court considers that the matter warrants a hearing, it is to appoint the application for hearing within a maximum of twenty days from filing and the resulting pendente lite decree is to be issued within a maximum of fifteen days following the hearing.
These provisions are intended to provide a clearer procedural route for disputes which cannot realistically remain unresolved while mediation continues.
Maintenance and Children’s Expenses
In determining a claim for maintenance, the Court's decision must be reasoned. The Court is required to give due consideration to the needs of the children and to the income, means and aptitude of each party in accordance with the relevant provisions of the Civil Code.
The Court must also make provision for expenses relating to the children's health, education; and extracurricular activities including the manner in which each parent is to contribute towards those expenses.
Maintenance ordered by the Court may be deducted directly from the salary of the person ordered to pay it in accordance with the Code of Organization and Civil Procedure.
The Court may also order the person liable for maintenance to establish a standing order with a bank or financial institution for direct payment to the other party. Insofar as possible, the same mechanism may be applied to expenses relating to health, education and extracurricular activities.
Care and Custody, Residence and Access
When determining care and custody, residence and access on an interim basis, the Court must take into account:
The overriding consideration remains the best interests of the children.
An important aspect of the new Regulations is that access is expressly characterised not only as a right but also as an obligation.
The parent who requested access, or in whose favour access has been granted, is under an obligation to exercise it. Correspondingly, the other parent is under an obligation to provide that access.
A failure either to provide access or to exercise and observe access is treated as a breach of a Court decree.
Breaches of Court Decrees
The Regulations also strengthen the procedural consequences of repeated non-compliance with interim decrees.
During mediation, either party may file an application requesting the Court to take appropriate measures in relation to a breach by the other party.
Where there is repeated breach of a decree, a party may request a hearing and the Court may, after hearing the parties and any necessary witnesses, issue such measures as it deems appropriate.
In cases involving repeated breaches, the Court may also suspend or vary rights of the defaulting party, without prejudice to any criminal proceedings which may arise from the same facts.
More generally, in proceedings concerning separation, divorce, custody or access to minors, the Court is empowered, having regard to the circumstances of the breach and the principle of proportionality, to suspend the rights of a defaulting party where that party fails to provide justification for non-compliance.
The Regulations Also Apply Beyond Separation and Divorce
The mediation framework is not confined to married couples pursuing separation or divorce.
The Regulations also extend, subject to their terms, to disputes between unmarried parties concerning:
They also cover maintenance disputes between spouses and applications seeking changes to matters already regulated by a personal separation judgment, personal separation contract, divorce decree or judgment.
Where parties agree to amend a contract already approved by the Court, or to alter the effects of a judgment, they may file a joint application together with the draft agreement without being required to undergo mediation again.
Where a minor is affected by the proposed variation, the Court may appoint a Children’s Advocate where it considers this necessary.
Property Held by Unmarried Parties
Another notable change concerns property held by unmarried parties. Where unmarried parties have proceedings pending before the Family Court concerning their common children, whether in mediation or in a Court case, and they own property in which they reside, the Family Court will have jurisdiction to determine, by means of a lawsuit, the division and sale of that property. This is a significant procedural development because it allows certain property disputes between unmarried parents to be dealt with within the wider context of proceedings already pending before the Family Court.
Consensual Separations
The Regulations also establish a more structured procedure for consensual personal separations.
Where the parties reach agreement through a Court-appointed mediator, the draft separation contract is to be forwarded to the Court together with comments from the parties' advocates or legal procurators and, where appointed, the Children’s Advocate.
Where the spouses have already agreed upon a draft personal separation, they may notify the Court by means of a joint note signed by the notary who prepared the draft and by their respective advocates or legal procurators.
The mediator is then to examine the draft and return it to the Court together with his or her views within the prescribed period.
The Court may approve, amend or reject the draft and must give reasons for its decision.
Proceedings Following Mediation
Where the Court authorises a spouse to proceed with a personal separation or divorce case, proceedings may be commenced within two months from the date of the decree, subject to an extension being granted by the Court for a serious reason.
Once proceedings are underway and the written procedures have been concluded, the Court is to establish a period within which the parties are to submit documentary evidence and produce witnesses whose evidence cannot be given by affidavit.
The plaintiff may be afforded up to six months within which to file affidavit evidence and documentary evidence, following which the defendant may likewise be afforded up to six months.
Importantly, the Court is to continue hearing the case during these evidentiary periods.
The six-month periods may be extended by a reasoned order of the Court on serious grounds.
The Children’s Advocate is also to continue to follow the proceedings, attend Court sittings and make such submissions as are required in the best interests of the minor children.
Property Issues Should Not Necessarily Delay Other Decisions
Another practical provision concerns cases in which the liquidation of a community of property cannot be determined quickly.
Where the Court is unable to decide the property issue within a short period, it is directed to determine the other matters first and deal with the liquidation of the property at a subsequent stage.
The Regulations therefore seek to prevent complex property disputes from unnecessarily delaying decisions on other family matters.
Transfer to the Family Court
Legal Notice 218 of 2026, the Family Court (Transfer of Causes) Order, provides that the 1st of October, 2026 is the date on which all causes assigned for hearing by the Civil Court (Family Section) are to be assigned to the Family Court.
What Do the Reforms Mean in Practice?
Taken together, the reforms point towards a substantially more structured approach to family litigation in Malta.
There is a clear emphasis on requiring parties to identify their financial circumstances and proposals at an early stage, placing mediation within more definite procedural parameters, giving greater prominence to the interests and representation of children, providing access to specialised therapeutic support and introducing clearer procedures for urgent and interim disputes.
The reforms also place considerable importance on compliance with Court decrees and participation in the mediation process.
For parties contemplating separation or becoming involved in family proceedings, early preparation is therefore likely to become even more important. Financial documentation, information concerning assets and liabilities and considered proposals regarding children and property may need to be prepared from the very outset.
The practical impact of the new system will ultimately depend upon its implementation and, in relation to Legal Notice 216 of 2026, the commencement date or dates established by the Minister.
This article is intended solely for general informational purposes. It does not constitute legal advice and should not be relied upon as legal advice.
The application of the law depends upon the particular facts and circumstances of each case. For further information or legal assistance, please contact the author, Dr Marcus Degiorgio, at marcus@dingli.com.mt, or the Litigation Department at litigation@dingli.com.mt.