The concept of the family very largely depends on social, cultural, psychological and legal factors. In fact, the traditional concept of family (a heterosexual married couple and their children) has in the last decades evolved to include many other arrangements, such as for instance co-habiting couples (including those of the same sex); relatives residing in the same household; and friends who reside together, having common property, aspirations and who commit long-term to remain in this form of relationship.
Family Law covers a wide array of family issues which include (i) Prenuptial (Ante-nuptial) Agreements (ii) Adoption procedures (iii) Filiation cases (iv) Paternity cases (v) registration of Foreign marriages and Foreign divorces (vi) Separation proceedings (vii) Divorces proceedings and (viii) Annulments before Civil Courts. Part of our services include the dissolution of the Community of Acquests before the court of voluntary jurisdiction.
Separation in marriage is usually the result of breakdown in the marriage relationship. Regardless of whether a couple will opt for a legal separation or a divorce, they will need to decide on what will happen to the property which forms part of the community of acquests, who shall be awarded care and custody of, access to the children, and the quantum of the maintenance to be paid for the spouses and their minor children.
Divorce terminates a marriage hence it would dissolve the marriage from a legal perspective. In such situation, unlike in the case of legal separation, divorce allows the partners to remarry.
Annulment is somewhat different from divorce since in this case the court would be declaring that marriage never existed, in this case, like in divorce, the parties will be able to marry again.
Caruana De Brincat Legal assists clients in any of the services listed above primarily in cases of separations, divorce and annulment proceedings, by exploring the possibility of an amicable settlement, or, where necessary, represents them before the appropriate forum.