Married couples who no longer want to live together and who are undecided on divorce may choose separation. In this sense, an agreement can be made, accepted, and signed by both parties, which ensures different responsibilities. Find out from our separation lawyers in Malta what this type of commitment entails and how the separation is done in a couple.
What does legal separation entail?
As I pointed out above, separation is an alternative to a couple’s divorce. There are many reasons why separation is chosen in exchange for a divorce. For example, some couples prefer this alternative for religious, financial, and family reasons. In addition, separation is a way of reconciliation because, during all this time, the respective couples can think if it is necessary to divorce or there are chances of settlement.
Therefore, the separation, legally recognized in Malta, can be taken into account by the spouses who want to give marriage a chance. Talk to our separation lawyers in Malta about all the legal aspects of marriage and divorce in this country.
What is a separation agreement?
A separation agreement is the type of document that can be written and signed when a couple decides to separate. This act includes the terms of the respective separation and more precisely the responsibilities that come to the attention of each spouse, such as:
- Child custody and new residence, if applicable.
- Distribution of common property and goods.
- The right to visit in case of child custody.
- Money rights.
- Responsibility for payments.
It is worth mentioning that if the separation turns into a divorce, the terms and conditions mentioned above may remain the same unless other changes occur. All these aspects can be explained leisurely by the separation lawyers in Malta. On the other hand, foreigners who want to start a business in Malta can discuss with our specialists with experience in this field.
The benefits of legal separation
There are people who prefer legal separation instead of divorce due to the advantages presented. For example, flexibility is a valued benefit because people involved in separation will not feel the pressure of violating religious beliefs, for example. In addition, the fact that it is a separation, not a divorce, leaves room for couples to think about reconciliation and the possibility of straightening that marriage, if possible. During all this time, couples can turn to specialized help such as marriage counseling, to be able to decide if it is necessary to divorce or not. Do not hesitate to talk to our separation lawyers in Malta if you want more information about on this topic.
What is forbidden during legal separation in Malta?
Legal separation involves certain rules, including the responsibilities of each partner, as mentioned above. In addition, during this separation, a new marriage is not allowed. Moreover, the legal separation lasts, according to the law, a year, during which the partners can solve their problems and can decide if there is a reason for reconciliation or if the best solution is divorce.
There are cases where the separation is due to abuse of any kind in the family. Undoubtedly, this must be reported, and divorce is a more than appropriate option.
Why choose legal separation instead of divorce
It is clear that no couple wants a separation, especially a divorce. However, the separation agreement can be a more beneficial solution for those who believe that their marriage can be saved. Partners can live in separate homes, take care of the responsibilities that come to their attention, and ask for advice on issues that occur. Legal separation is the clear answer for couples wondering if they should divorce or not.
In this process, the legal help of lawyers in Malta is needed, with the mention that each partner can be represented by one of our specialists. They will know what problems to bring to the attention of those persons, and here we remind the custody of children where appropriate, the distribution of certain goods and/or financial resources. All these details must be found in a separation agreement that can be drafted with our help.
Below you can find some statistics about marriages and divorces in Malta:
- According to data for 2020, Malta has the lowest divorce rate in the European Union and exactly 0.7% per 1,000 people.
- Divorce legislation was introduced in 2011 in Malta, with the help of a referendum. Until then, only legal separation was accepted.
- Over 2,600 marriages were registered in Malta in 2019.
Those who want to know more about legal separation can contact our team of experts. We are here to offer you legal advice, so do not hesitate to talk to our separation lawyers in Malta.