Can I get a divorce in Malta if my spouse doesn’t want one?
- 22.08.2026
My spouse and I got married in Malta several years ago under the default community of acquests, but our financial circumstances have changed significantly and we’d now like to change our matrimonial property regime. Is this actually possible once you’re already married, or is that decision locked in permanently at the time of marriage?
Yes, it is possible to change your matrimonial property regime after marriage under Maltese law, though it is not something either spouse can do unilaterally or informally; rather, the Civil Code, Chapter 16 of the Laws of Malta, requires spouses seeking to alter their existing matrimonial regime to obtain authorisation from the Court of Voluntary Jurisdiction, which reviews the request to ensure it is genuinely made with full understanding and free consent of both spouses and does not improperly prejudice the interests of either party or third parties, such as existing creditors. Once court authorisation is granted, the change to the new regime, for example moving from the community of acquests to separation of estates, is generally formalised through a notarial deed and registered in the Public Registry to ensure the new arrangement is properly documented and can be relied upon by both spouses and any relevant third parties going forward. Since this involves both a court application and formal notarial documentation, and needs to be approached carefully to ensure it achieves what you actually intend, it would be sensible to involve both a notary and a family lawyer in properly structuring and formalising the change to your matrimonial regime.
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