A consensual separation is reached between two spouses when they enter into an amicable agreement in the form of a personal separation agreement. A personal separation agreement regulates financial and non-financial including: care and custody of the children; access rights of the children; the amount of maintenance to be paid, if any, and the allocation of matrimonial home and other property forming part of the community of acquests.
Under Maltese Law, it is mandatory that the spouses go through mediation to define whether there is a possibility of reconciliation. However if the fails, the mediator will draw up a report which is forwarded to Court. The draft text of the personal separation agreement will also be forwarded to Court with a request to give authorization, by decree, to publish the personal separation agreement. It is only after this decree is given that the personal separation agreement can be published and registered in the public registry.
After the process of separation, the spouses’ obligation of cohabitation will end, there will be a separation of estates between them and they will be able to contract civil obligation without the need of the consent of the other spouse.
Contact us now for more information or call us on +356 9982 1743