Divorce Settlement Agreement for Malta

Divorce Settlement Agreement Template for Malta

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Divorce Settlement Agreement

"I need a Divorce Settlement Agreement under Maltese law for a couple with substantial international assets, including property in both Malta and Spain, and joint business interests that need to be divided; the agreement should be ready for court submission by March 2025."

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What is a Divorce Settlement Agreement?

The Divorce Settlement Agreement is a crucial legal document used in Malta when married couples seek to formalize their divorce arrangements. Since the introduction of divorce in Malta in 2011, this agreement has become an essential tool in divorce proceedings, requiring careful consideration of Malta's unique legal framework. The document is typically prepared after mandatory mediation and before court proceedings, incorporating all aspects of the marriage dissolution including property division (under Malta's community of acquests regime), financial settlements, maintenance arrangements, and child custody provisions where applicable. It must comply with the Civil Code of Malta and the Marriage Act, and typically requires input from legal professionals, financial advisors, and potentially property valuers. The agreement serves as a comprehensive record of the parties' intentions and forms the basis for the court's final divorce decree.

What sections should be included in a Divorce Settlement Agreement?

1. Parties: Identification of both spouses with full legal names, addresses, and ID numbers as required under Maltese law

2. Background: Details of the marriage, separation date, and current living arrangements

3. Definitions: Definitions of key terms used throughout the agreement

4. Dissolution of Marriage: Statement of mutual agreement to divorce and confirmation that marriage has irretrievably broken down

5. Division of Matrimonial Property: Detailed arrangements for division of community of acquests and personal property

6. Financial Arrangements: Details of any maintenance payments, lump sum payments, and pension arrangements

7. Tax Matters: Agreements regarding tax liabilities and arrangements for future tax returns

8. Future Conduct: Agreements about mutual respect, non-interference, and future dealings

9. Legal Proceedings: Agreement regarding withdrawal of existing proceedings and restrictions on future proceedings

10. Binding Effect: Confirmation that the agreement is intended to be legally binding

11. Governing Law: Confirmation that the agreement is governed by Maltese law

12. Execution: Signature provisions and witnessing requirements

What sections are optional to include in a Divorce Settlement Agreement?

1. Children Arrangements: Required if there are minor children - covers custody, access, education, and maintenance of children

2. Business Interests: Required if either party owns business interests - details division or retention of business assets

3. Inheritance Rights: Optional section waiving future inheritance rights

4. Foreign Assets: Required if parties own property or assets outside Malta

5. Pets: Required if there are pets to be allocated between parties

6. Religious Requirements: Optional section addressing any religious aspects of divorce

7. Future Sale of Property: Required if there are arrangements for future sale of property and division of proceeds

8. Confidentiality: Optional section regarding privacy of agreement terms

9. Insurance Policies: Required if there are life, health or other insurance policies to be addressed

What schedules should be included in a Divorce Settlement Agreement?

1. Schedule A - Matrimonial Home: Detailed description of matrimonial home and arrangements for its disposal or retention

2. Schedule B - Personal Property Division: Itemized list of personal property and allocation between parties

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties including assets, liabilities, and income

4. Schedule D - Maintenance Calculations: Detailed calculations for any maintenance payments

5. Schedule E - Children's Arrangements: Detailed parenting plan and access schedule if applicable

6. Schedule F - Business Assets: Detailed list and valuation of business assets if applicable

7. Appendix 1 - Property Valuations: Professional valuations of significant assets

8. Appendix 2 - Pension Information: Details of pension arrangements and divisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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