By Désirée Attard, published on April 22, 2026

Proceedings related to family disputes are expected to change significantly in the coming months. The House of Representatives has just approved Act VII of 2026 (the Act), which is expected to come into force later this year, and will be bringing about the following changes. 

Our legal team is monitoring the situation closely – please contact us for more information on how this may affect your own case or situation.

A separate Family Court

To date, family related cases (e.g. separation, divorce, care and custody) were assigned to a section of the First Hall, Civil Court. 

The new Act creates a separate and distinct Court, namely, the Family Court, at par with the Civil Court. This change is expected to bring about greater focus and expertise on family matters.

Establishing maintenance due

Presently, maintenance due, whether to children or former spouses, is calculated on a case-by-case basis, at the discretion of the Court, after taking into consideration the circumstances of the parties, with annual increases in accordance with the cost of living adjustment. 

The new Act states that the Minister for Justice will now be expected to issue regulations on how maintenance will be calculated.

When a spouse leaves the matrimonial home

During separation proceedings, either one of the parties may leave the matrimonial home. Under the new provisions, the Court will now be able to, upon request by that party, allow the withdrawal of funds from the community of acquests to cover any expenses related to that departure (for instance, rent). 

The consent of the other party will also not be required for that spouse to enter into a lease agreement to temporarily reside in an alternative home. 

On the termination of the community of acquests pending proceedings

The new Act obliges the Court to consider whether the cessation of the community of acquests during court proceedings would cause any disproportionate prejudice to either party before allowing it. 

Failure to exercise access to be considered a crime

Once the Act comes into effect, any parent who fails to exercise their access with their child, that is, the time they have the right to spend with their child, or else fails to return the child to the other parent at the agreed upon time, shall now be liable to criminal proceedings. 

Crimes relating to maintenance, access, and custody shall now be considered together

Where a parent is accused of different offences relating to maintenance, access, and custody of their children, these offences may now be considered together as one continuous offence. 

In practice, this means that when several reports are filed against the same parent, the police will now prosecute and treat them as one ongoing criminal offence, which can lead to a greater punishment in court. Having these issues grouped together is also beneficial in terms of prescription, which is extended and begins to run from the day on which the last reported offence took place. 

This article does not constitute legal advice. While all efforts are made to ensure that the information provided on this website is up to date, some information, material, or content may not be the most recent. For personal legal advice, we kindly ask that you contact us for an appointment.