Divorce proceedings may only commence after an attempt at reconciliation by the parties through the process of mediation has been made. Where reconciliation is not an alternative agreed upon by the parties, then both parties are then invited to reach a voluntary divorce agreement before a mediator.

Divorce proceedings are commenced by way of filing an application by one of the parties concerned. Such application may be filed even whilst separation proceedings are ongoing before the Family Court and a final judgement has not as yet been pronounced.

Divorce may only be attained if the requirements as laid down in Article 66B of the Civil Code, Chapter 16 of the Laws of Malta, are satisfied. These requirements include that:

• The spouses as from the date of commencement of the divorce proceedings, must have lived apart for a period of, or periods that amount to, at least four years out of the immediately preceding five years, or at least four years have lapsed from the date of legal separation;
• there is no reasonable prospect of reconciliation between the spouses;
• the spouses and all of their children are receiving adequate maintenance, where this is due, according to their particular circumstances and in terms of law; and
• one of the spouses resides in Malta on divorce application being filed.