What Happens When You Apply for Divorce?
Divorce is the final and ultimate termination of a couple’s marital union. It’s a legal process of removing the obligation of marriage and closing the bonds of both parties. The process of getting a divorce in Malta varies depending on whether there are ongoing separation proceedings or the couple is already legally separated.
Effects of Divorce
Once the marriage is proclaimed to be dissolved, both parties have the right to re-marry. They are no longer required to live in one matrimonial home together. Once divorce is declared by the court, either through a judgement or a decree, the rights of the partners to the succession of one another will end. It’s also possible for the wife to re-instate her maiden surname. Either one of the parties can apply to the court to revert the wife’s surname to her maiden surname. The wife may file for an application asking the court to re-instate her maiden surname while the husband can send an application forbidding his spouse from using his surname if he’s able to prove that such causes him injustice. If the husband decides to re-marry, their children will not be affected by this. His responsibilities to their children will still exist.
The spouse can impose divorce on the other partner who doesn’t want a divorce. However, it is possible for the divorce application to be challenged by the other spouse provided that it meets any of specific grounds. The spouse wanting to contest the application for divorce only needs to submit a few documents. Personal identification should be enough, but if they are already separated, a copy of the court judgement or separation agreement would also be needed. These documents can be obtained by your lawyer if you don’t have them.
The married couple doesn’t have to be lawfully separated to be eligible to file for divorce. If the couple, however, has already been declared legally separated either through a court judgement or a contract, they may still apply for divorce. Both parties will not lose all the rights they obtained through their separation settlement if they chose to apply for divorce. The new law declares that the separation agreement set in a court judgement or a contract wouldn’t have any changes. Everything that the couple agreed upon or was ordered will remain effective. It is important to note that several countries and states have their own variation and divorce law. So it is suggested to use a solicitor to help with the case such as Borg Knight Solicitors.