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Separation Affidavit for Malta

Separation Affidavit Template for Malta

A Separation Affidavit under Maltese law is a sworn legal document that formally declares the facts and circumstances surrounding a married couple's separation. This document, regulated under the Civil Code (Chapter 16) of Malta, serves as an official statement detailing the marriage details, reasons for separation, current living arrangements, and various declarations regarding assets, debts, and family circumstances. It forms a crucial part of the legal separation process in Malta's courts and must be sworn before a Commissioner for Oaths or Notary Public. The affidavit includes essential information about both parties, any children involved, financial arrangements, and property division details.

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What is a Separation Affidavit?

The Separation Affidavit is a fundamental legal document in Malta's family law system, used when married couples seek to formally separate without immediately pursuing divorce. This sworn statement, governed by Malta's Civil Code and related legislation, must be filed with the appropriate court registry and serves as a formal declaration of the separation circumstances. The affidavit must include comprehensive information about the marriage, reasons for separation, current living arrangements, financial status, and any arrangements regarding children, property, or maintenance. It requires careful preparation as it forms part of the official court record and may have significant implications for future legal proceedings. The document must be sworn before a Commissioner for Oaths or Notary Public, and false statements can have serious legal consequences. Various stakeholders, including legal professionals, court officials, and family services providers, may be involved in its preparation, filing, and processing.

What sections should be included in a Separation Affidavit?

1. Deponent Details: Full legal name, ID number, and current residential address of the person making the affidavit

2. Marriage Details: Date and place of marriage, marriage certificate details, and length of marriage

3. Separation Background: Date of separation, reasons for separation, and current living arrangements

4. Declaration of Facts: Statement confirming no reasonable prospect of reconciliation and that the facts stated are true

5. Current Living Situation: Details of current residence, living arrangements, and household composition

6. Financial Status Declaration: General statement about employment status and main sources of income

7. Oath/Affirmation: Formal sworn statement declaring all information is true and correct

8. Signature and Dating: Space for deponent's signature, date, and notary/commissioner for oaths details

What sections are optional to include in a Separation Affidavit?

1. Children Details: Used when there are children from the marriage - includes names, ages, and current living arrangements

2. Maintenance Arrangements: Include when there are existing or proposed maintenance payments for spouse or children

3. Property Division Statement: Required when there is joint property to be divided or already divided

4. Domestic Violence Declaration: Include if there have been instances of domestic violence or protection orders

5. Previous Proceedings: Required if there have been any previous legal proceedings between the parties

6. Mediation Statement: Include if mediation has been attempted or reasons why it hasn't

7. Immigration Status: Required if either party's residency status in Malta is dependent on the marriage

What schedules should be included in a Separation Affidavit?

1. Schedule A - Asset Inventory: Detailed list of all assets owned jointly or separately, including real estate, vehicles, and valuable personal property

2. Schedule B - Debt Schedule: List of all joint and individual debts and liabilities

3. Schedule C - Income and Expenses: Detailed breakdown of monthly income and expenses

4. Appendix 1 - Supporting Documents: List of attached documents including marriage certificate, ID documents, and relevant court orders

5. Appendix 2 - Children's Arrangements: Detailed parenting plan if children are involved, including access and custody arrangements

6. Appendix 3 - Property Valuations: Professional valuations of significant assets if relevant to the separation

Authors

Alex Denne

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

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Legal Services

Public Administration

Court Services

Family Services

Social Services

Real Estate

Financial Services

Public Notary Services

Immigration Services

Mediation Services

Relevant Teams

Legal

Court Administration

Family Law

Document Processing

Client Services

Records Management

Judicial Support

Mediation

Social Services

Administrative Support

Relevant Roles

Family Law Attorney

Legal Assistant

Court Clerk

Notary Public

Commissioner for Oaths

Family Court Judge

Legal Secretary

Paralegal

Court Administrator

Family Mediator

Social Worker

Legal Document Specialist

Court Registrar

Family Law Consultant

Legal Records Manager

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