A Divorce Contract under Maltese law is a formal legal document used when spouses seek to legally end their marriage. This document became possible after Malta introduced divorce legislation in 2011, making it one of the last European countries to legalize divorce. The contract must address mandatory requirements including a four-year separation period (whether de facto or legal) before divorce can be granted, or evidence of domestic violence. The document comprehensively covers asset division, maintenance obligations, child custody arrangements if applicable, and must incorporate evidence of attempted mediation as required by Maltese law. It requires court validation and must be drafted in compliance with Chapter 16 of the Civil Code of Malta and the Marriage Act. The agreement is particularly significant in the Maltese legal context due to the jurisdiction's historically conservative approach to marriage dissolution and its strong emphasis on family unity.
Divorce Contract for Malta
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Divorce Contract
"I need a Divorce Contract under Maltese law for a couple with two minor children, involving the division of a family business and significant international assets in both Malta and Italy, with provisions for shared custody and ongoing business cooperation."
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1. Parties: Identification of both spouses including full legal names, addresses, and ID numbers as required by Maltese law
2. Background: Details of the marriage including date, place of registration, and brief history leading to divorce
3. Definitions: Key terms used throughout the agreement including property definitions, relevant dates, and other important terminology
4. Grounds for Divorce: Statement of the legal grounds for divorce under Maltese law, including the mandatory separation period
5. Declaration of Irretrievable Breakdown: Formal statement that the marriage has broken down irretrievably and cannot be salvaged
6. Division of Matrimonial Assets: Detailed arrangement for the division of all matrimonial property and assets
7. Financial Arrangements: Details of any maintenance payments, financial support, or periodic allowances between the parties
8. Tax Implications: Statement addressing the tax consequences of asset division and ongoing payments
9. Mutual Release: Provisions releasing each party from future claims except as specified in the agreement
10. Governing Law: Confirmation that the agreement is governed by Maltese law and jurisdiction
11. Execution: Formal signing requirements and witness provisions as required under Maltese law
1. Child Custody and Access: Required when the couple has minor children, detailing primary custody, access rights, and visitation schedules
2. Child Maintenance: Required when there are minor children, specifying financial support arrangements for children
3. Business Interests: Required when either party owns business interests that need to be addressed in the divorce
4. Pension Rights: Required when pension rights need to be divided or addressed
5. International Assets: Required when the couple has assets in multiple jurisdictions
6. Religious Requirements: Optional section addressing any religious aspects of the divorce, particularly relevant in the Maltese context
7. Mediation Provisions: Optional section detailing how future disputes will be handled through mediation before court proceedings
8. Confidentiality: Optional section when parties wish to maintain privacy about the terms of their divorce
1. Schedule A - Asset Inventory: Comprehensive list of all matrimonial assets and their agreed values
2. Schedule B - Property Details: Detailed information about real estate properties including ownership certificates and transfer arrangements
3. Schedule C - Financial Disclosure: Full financial disclosure from both parties including income, assets, and liabilities
4. Schedule D - Child Arrangements: Detailed parenting plan and custody schedule if applicable
5. Schedule E - Business Valuations: Professional valuations of any business interests if applicable
6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate
7. Appendix 2 - Separation Deed: Copy of the legal separation agreement if previously executed
8. Appendix 3 - Court Orders: Copies of any relevant court orders affecting the divorce arrangement
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