The laws of the Civil Code in Malta

There are so many regulatory frameworks that together constitute the Civil Code of Malta.The legislation relies on:
  • the Administration of Lands Act,
  • the Children and Young Persons Act, also called Chapter 285,
  • the Data Protection Act,
  • the Home Ownership or Encouragement Act,
  • the Immovable Property or Acquisition by Non-Residents Act,
  • the Land Registration Act,
  • the Marriage Act,
  • the Promises of Marriage Law,
  • the Marriage Legacies Law,
  • the Code of Organization and Civil Procedure.

Divorce in Malta

According to the Civil Code in Malta, divorce proceedings will be initiated by one in all the 2 spouses. The court grants the divorce if:
  • There aren’t any ways to reconcile the 2 spouses.
  • The spouses are legally separated and have lived in numerous houses for a minimum of 4 years.
  • There is clear evidence of domestic abuse or infidelity in Malta.
Once the divorce application is accepted, the custody of the minor children, if any, is established and also the assets accumulated within the marriage are divided. We mention that every spouse must be represented by a lawyer in Malta. He/she offers specialized legal advice so as to be ready to conclude the wedding correctly, with the assistance of divorce.

Annulment of marriage

There are cases where the wedding will be annulled. This request is formed formally, and therefore the instant are going to be the one who should decide if the wedding is annulled. Among the explanations why a wedding will be annulled are:
  • The marriage wasn’t accepted by both partners. As a result, one in all them was forced to marry.
  • If one in all the spouses wasn’t mentally fit when he or she got married, the wedding could also be annulled.
  • If the wedding has not been consummated, it’s going to be annulled.
The law is mentioned by civil statute in Malta. to higher understand the way to act legally, we recommend that you simply ask our attorneys in Malta.

Child custody per the Civil Code in Malta

Once the divorce is filed, the custody of the minors is also established. Both parents have responsibilities regarding their children, and also the legislation is kind of firm about their proper upbringing and development, in an optimal environment.
The court may establish the child’s new residence, alimony to be paid by one amongst the fogeys, legal right, child care, and plenty of more. However, before these issues, in keeping with the Civil Code and Laws of Malta, the authorities can make investigations at the children’s homes, to make sure that they sleep in an acceptable environment.
As these situations are quite sensitive and sophisticated, it’s good to debate the legal aspects with one in every of our Maltese lawyers. they will explain what you would like to try and do and prepare to look in court.

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