Eleven applications for divorce were filed today, the first day that such requests could be made since the divorce law was enacted.

Nine of the applications involved couples who were already separated and the remaining two were from couples undergoing separation proceedings.

To date the local courts could only be asked to recognise divorce granted abroad, but the law for the introduction of divorce was approved by Parliament just before the summer, and it came into force on Saturday, when the registry was closed.

Family lawyers told The Times last week they had received numerous requests for legal advice on divorce, but few couples were ready to head to court just yet.

Couples are still weighing their options that include reconciliation, separation, annulment, divorce and, soon, cohabitation.

Lawyers themselves are also cautious about heading straight to court since several procedural parts of the new law have yet to be clarified and they do not want to risk having a case declared null on a technicality, explained lawyer Joanne Vella Cuschieri.

Lawyer Stefano Filletti agreed, adding that it was “a waiting game at this stage” and he was advising clients not to file for divorce before the complete workings of the law were clear.

According to the new law, only couples who have lived apart for four years can apply. While some couples are already separated, others are in the process of separation and some have still to start the process. In some cases the four years have elapsed while others are still fresh. 

All three lawyers agreed they were proceeding with caution and did not want to rush clients into filing for divorce before the law was clear.

So, as lawyers prepare for the challenges of the new law, the University of Malta’s Department of Law is working on preparing future lawyers to handle these cases.

Faculty dean Kevin Aquilina said this year a seminar on divorce will be organised for students. As from next year the credit on Family Law will include a section on divorce.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.