England & Wales or Malta: Where Should I Divorce?

Until 2011, divorce did not exist in Maltese law. It remains one of the most recently introduced in Europe, and the legal architecture built around it reflects a system that spent decades operating without it. For anyone with connections to both Malta and England, that history matters considerably when thinking about where a financial settlement should be determined. 

Can I Divorce in England if I Live in Malta? 

If you or your spouse is habitually resident or domiciled in England and Wales, it may be possible to bring proceedings here even if you are currently based in Malta. One practical point worth noting: Malta requires spouses to have lived apart for at least four years out of the preceding five before a divorce can be granted – significantly longer than the process available in England. For those in a hurry, or for whom delay carries financial risk, that alone may make England the more attractive forum. Speed and specialist advice are essential, particularly where the other spouse may be considering their own options. 

What Are the Key Differences? 

Malta is a civil law jurisdiction, and its approach to marital finances is codified rather than discretionary. Assets owned before the marriage, inheritances, and donations are typically excluded. This can produce a more predictable outcome than the English system – but also a more limited one, particularly for a financially weaker spouse whose needs cannot be met simply by splitting what was accumulated during the marriage. 

A further structural peculiarity of Maltese law is that financial matters are dealt with primarily in separation proceedings rather than divorce proceedings. Divorce in Malta functions more as a formal dissolution of the marriage bond after the financial consequences have already been addressed. The court will not grant a divorce unless maintenance obligations are being met, and a spouse may even be required to provide a financial guarantee of up to five years’ maintenance as a condition of obtaining a divorce order. 

Fault can also play a role in Maltese proceedings in a way that it does not in England. A spouse found to have caused the breakdown of the marriage may forfeit certain financial rights, including the right to spousal maintenance and potentially their share of acquests generated primarily by the other party’s efforts. England, by contrast, has moved firmly away from conduct as a relevant factor in financial settlements except in the most extreme cases. 

Divorcing when one spouse is based in Malta raises questions that go well beyond which country is more convenient. If you have connections to both jurisdictions, specialist advice sought early — ideally before proceedings are issued anywhere — may shape the financial outcome of your divorce more than any other single decision. Contact us for a free initial consultation.