Can I relocate abroad with my child after separating from my ex in Malta?
- 12.07.2026
My spouse and I in Malta are going through a divorce and I want to understand, in general terms, how property we’ve accumulated during the marriage is typically divided under Maltese law, since we didn’t sign any specific marriage contract beforehand regarding our finances.
Since you did not execute a specific marriage contract excluding it, you are almost certainly subject to the default matrimonial property regime in Malta, known as the community of acquests, under the Civil Code, Chapter 16 of the Laws of Malta, which generally means that income, wealth, and property acquired by either spouse through work or industry during the marriage forms part of a shared community of property, to be divided equally between the spouses, typically on a fifty-fifty basis, upon separation or divorce, regardless of whose name assets are formally held in, though this can be affected by evidence relating to fault or other specific circumstances in some cases. Property that either spouse owned before the marriage, or that was received individually through inheritance or gift during the marriage, is generally treated as separate, personal property falling outside the community of acquests, and therefore not automatically subject to the equal division that applies to jointly accumulated marital assets. Given how fact-specific property division disputes can become, particularly around tracing which assets genuinely fall inside versus outside the community of acquests, it is important to have a family lawyer review your specific financial situation and asset history to properly advise on how this general framework applies to your circumstances.
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