The Court grants a divorce to the husband, when it is clear that the wife remarried.
Malcolm MifsudJuly 2, 2023
In a judgement in the names of Al-Masri Agostina Vs Valenzia Dr Benjamin Et Noe handed down by the Civil Court (Family section) the Court…
Malcolm MifsudDecember 25, 2022
Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in…
Malcolm MifsudOctober 22, 2022
Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that…
Malcolm MifsudOctober 16, 2022
Article 48 of the Civil Code lists the consequences if a party to a separation action is found responsible for the break up. This was…
Malcolm MifsudDecember 14, 2021
The community of acquests may be terminated during separation proceedings, but this concerns future dealings of the spouses. This was held in a decree AB…
Malcolm MifsudNovember 28, 2021
Once the merits of a case have been decided, the court cannot reopen the same issues, when a warrant intended to enforce a judgement has…
Malcolm MifsudNovember 21, 2021
An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
Malcolm MifsudFebruary 21, 2021
The term ‘care and custody’ is not defined under Maltese law. It refers to the significant role that both parents have towards the upbringing and…
Mifsud & Mifsud AdvocatesFebruary 12, 2021
