Do we have to go to mediation before starting a divorce in Malta?
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Do we have to go to mediation before starting a divorce in Malta?

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23.06.2026

My spouse and I in Malta have decided we want to get divorced, and we’re on relatively amicable terms about it. I’ve heard something about having to attend mediation first before actually filing anything with the court. Is this genuinely mandatory, or can we skip straight to divorce proceedings?

Site Administration 27.06.2026
reply date: 27.06.2026

Yes, mandatory mediation is generally a required preliminary step before instituting divorce or personal separation proceedings before the Civil Court (Family Section) in Malta, regulated under Subsidiary Legislation 12.20 connected to the Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta, and this applies even where both spouses are already in agreement and on amicable terms, since the mediation process is intended both to genuinely explore reconciliation and, where that isn't the outcome, to help the parties reach agreement on key issues such as property division, maintenance, and, where relevant, arrangements for children, before matters proceed to formal litigation. If you and your spouse are already largely aligned, this mediation stage can actually move relatively efficiently, since you are not starting from a position of significant conflict, and reaching a formalised agreement during mediation, which is then given effect through a court decree, is often a faster route toward finalising your divorce than contested litigation would be. It would be worth engaging a family lawyer, even for an amicable divorce, to help ensure any agreement reached during mediation properly and comprehensively addresses all necessary issues, since gaps in an initial agreement can sometimes cause complications later.

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