Can I relocate abroad with my child after separating from my ex in Malta?
- 12.07.2026
My spouse and I in Malta have been living completely separately for over four years now, but they are refusing to agree to a divorce and don’t want to sign anything. Does this mean I’m simply stuck married indefinitely, or can I actually pursue a divorce without their consent?
No, you are not necessarily stuck. Under Article 66B of the Civil Code, Chapter 16 of the Laws of Malta, a divorce can be requested by either one or both spouses, meaning your spouse's consent or cooperation is not an absolute requirement for you to institute divorce proceedings, provided the statutory requirements are met, which generally include the spouses having lived apart for a specified minimum period, at least four years out of the preceding five, or at least four years from the date of a prior legal separation, and there being no reasonable prospect of reconciliation between you. Given that you describe having lived separately for over four years already, you appear to meet the core separation requirement, and the divorce process can still proceed through the Civil Court (Family Section) even without your spouse's agreement, though it will still involve the mandatory mediation stage first, where reconciliation will be formally explored even if you already know it isn't a realistic prospect. If your spouse continues to be uncooperative once formal proceedings are underway, this becomes a matter your family lawyer can guide you through procedurally, since Maltese law does provide a route to divorce that does not depend on both spouses' agreement.
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