Find a family lawyer in Malta
Of the many areas of the laws of Malta perhaps family law is the area that is closets to ones heart. Obviously this has to do with the fact that this part deals with anything that has to do with subjects like and with children, separation and divorce but for many it also has to do with marriage or inheritance. Even though the Maltese law does not have one specific chapter dealing with these issues, a large part of them are dealt with in the family section of the civil court of Malta. In all cases it is important to be assisted by a family lawyer who has the necessary experience to provide the needed assistance.
Especially since divorce in Malta is now a realistic option the work of a family lawyer has seen an increase. That being said, one should not think that the single subject of divorce has increased the workload of every lawyer in Malta. Research in the subject shows that many people who now opt for divorce have been separated for a long time without any change of moving on with their lives. This is obviously due to the fact that a family lawyer could only offer assistance with separation or an annulment. For an annulment however only certain criteria would make a coupe eligible and these criteria were rather restrictive. Most couples were therefore forced to officially separate as described in the Maltese family law without the option to really move on with their lives. Those who did have a new partner in their lives at one point would still officially be stuck in a marriage that has not been consumed for quite some time and in some cases that led to stress or other unhealthy situations for many couples.
The restrictive possibility of annulment and the only other option of separation in the Maltese family law pre-divorce law, is besides the fact that a marriage in the church would most likely throw up some complications since the church would have to recognize any decree of the Maltese courts. The church in Malta has their own rules and not every family lawyer is allowed to practice in the church tribunal. Not having a decree of the Maltese courts recognized in the church tribunal means that the possibility of a marriage in church is not available and that is still important for a lot of people. The other way around was for some people a more realistic option. Even though the church does not offer the option of separation, an annulment in church is perhaps less restrictive that according to the Maltese law. Obviously once obtained this church annulment has to be recognized in the Maltese courts and usually the same lawyer that would assist in the church tribunal is also a family lawyer who can assist in the courts of Malta.
The introduction of divorce in Malta was a welcome option for those people who would not be eligible for an annulment and for people who were ‘stuck’ with a separation according to the Maltese family law. Having officially put an end to the marriage mean that people could really move on and even marry their new partner should they wish to do so. A new marriage in church is however not an option since the Maltese church is sticking to their principles and is not recognizing divorce in Malta as an eligibility to marry once more in church. However, the fears of the church of Malta that every family lawyer would be swamped in divorce cases once divorce in Malta was introduced did not materialise. In fact, the majority of divorces have been from couples that were separated for a while already either according to the family law or in reality because they never bothered or had the opportunity to get their separation on paper. Needles to say that the reality that many couples found themselves in, is the reason why a separation is also the basis for the new divorce law in Malta where with the assistance of a family lawyer, only after a separation of four years and mandatory mediation a divorce will be declared by the family court of Malta.
Another important part that is regulated in the family law is the subject of children. Since children are regarded as not being able to take care of themselves, the law has to safeguard their interests. A lawyer can assist the parents in the family court but a family lawyer can also be appointed by the court to appear on behalf of children. The issues that are concerning children are mostly related to care and custody of children in case of separation or divorce. This is also regulated in the Maltese divorce law and a well prepared family lawyer is very important to assist. Custody can also become an issue in case of fostering or adoption of a child since in these cases the parent or parent figure of the child will change or is, in some unfortunate cases, no longer available. It needs no further explanation that the parent figure is an important part in the development of a child and the Maltese family law regulates this area stringently and in accordance with international conventions.
As stated at the beginning of this page, the Maltese law does not have a chapter called family law as it is a collection of various chapters that are all part of the laws of Malta. In fact this collection of various chapters covers many other areas that are also regulated in the laws of Malta. An experienced family lawyer knows her or his way around the family section of the civil court or any other court in Malta and can assist with anything that is considered part of this collection of chapters. In many ways one can imagine that family law is about everything that has something to do with the family, be that in the beginning, during or at the end of ones life. In any case proper assistance is a must when one is dealing with the courts of Malta or with anyone who is making a claim against a person, this is where a trusted family lawyer will be on your side.