Court Confirms Domestic Violence as Grounds for Separation Under Civil Law
A judgement delivered on 23 February 2026 by the Civil Court (Family Section), presided over by Judge Jacqueline Padovani Grima, has reaffirmed that domestic violence is a valid ground for separation under civil law.
Background of the Case: Marriage Breakdown Due to Serious Misconduct
The court established that the breakdown of the marriage, which began in 1995 and involved two daughters, was primarily due to the husband’s serious misconduct, including domestic violence, arson of the family home, and financial difficulties caused by his actions.
Evidence of Domestic Abuse and Criminal Convictions
The wife reported a long history of abusive conduct, including physical violence, threats with knives, and verbal humiliation, some of which was corroborated by criminal judgments. In 2017, the husband admitted to assaulting his wife, resulting in a protection order. In 2019, he also admitted to setting fire to the matrimonial home and was sentenced to over three years in prison.
Impact on Children: Psychological and Emotional Harm
The court emphasized the testimonies of the couple’s daughters, who described living in an environment marked by fear, unpredictability, and alcohol abuse. One daughter revealed that she experienced suicidal thoughts at age 16 due to the traumatic home environment and felt safer outside her home. The court highlighted the lasting psychological harm suffered by the children, who continue to require therapy.
Husband’s Admission and Defence
The husband did not contest the separation but challenged responsibility for its breakdown. He admitted to alcohol dependency and to the act of arson, claiming limited damages and efforts to repair. Despite this, the court viewed his admissions as evidence of the severity of his misconduct, which contributed to the marriage’s dissolution.
He argued that financial stress contributed to his drinking, but documents showed he received social assistance and unemployment benefits. The husband also claimed that the wife failed to support his rehabilitation, but evidence indicated he struggled with accountability and behavioral issues during recovery efforts.
Court’s Decision: Grounds for Separation and Maintenance
The court confirmed that the marriage had irretrievably broken down due to domestic violence, psychological abuse, and serious misconduct by the husband. It held that fault was exclusively attributable to the husband, and his claims for maintenance were rejected due to his criminal conduct.
However, considering the wife’s limited earning capacity, her age (over 50), and her economic dependence during the marriage, the court **upheld her claim for maintenance**.
Additional Orders: Dissolution and Protection
The court ordered the dissolution of the community of acquests and its liquidation. It also granted the wife protection orders. The husband’s request to sell the property and divide proceeds equally was not granted as he requested.
