Personal Separation
A personal separation agreement is one entered between two spouses, amicably. Under Maltese law, such an agreement must necessarily be published before a Notary Public. Our office will guide both spouses through this difficult process. During the preliminary meeting a number of questions will be asked, in order for the Notary to draft the separation agreement.Such questions range from the amount of maintenance which will be paid, if any; who will retain custody of the children; access rights to the children; whether the matrimonial home will be transferred to third parties, and under what conditions; surrendering to reciprocal succession rights; and bringing an end to the community of acquests (matrimonial regime).
Maltese law dictates that the spouses go through a mediation stage, during which the mediator will assess if their is the possibility of reconciliation. The mediator will then draw up a report, which is forwarded to the Court. The Notary Public will now deliver a draft text of the agreed separation agreement, ask for a Court decree, authorizing him to publish the said agreement.
Once the separation agreement is published by the Notary, the spouses will no longer be bound by the duty to live together in the matrimonial home, and they will also be able to enter into binding civil contracts individually, without the need for the consent of the other spouse.
At Notary Spiteri Debono all preliminary advice is not billed and is given without any obligation.
