Civil Code (Cap. 16)
Civil Code (Cap. 16), article 48
48. (1) The spouse who shall have given cause to the
separation on any of the grounds referred to in articles 38 and 41,
shall forfeit -
(a) the rights established in articles 631, 633, 825, 826 and
827 of this Code;
(b) the things which he or she may have acquired from the
other spouse by a donation in contemplation of
marriage, or during marriage, or under any other
gratuitous title;
(c) any right which he or she may have to one moiety of
the acquests which may have been made by the
industry chiefly of the other spouse after a date to be
established by the court as corresponding to the date
when the spouse is to be considered as having given
sufficient cause to the separation. For the purposes of
this paragraph in order to determine whether an
acquest has been made by the industry chiefly of one
party, regard shall be had to the contributions in any
form of both spouses in accordance with article 3 of
this Code;
(d) the right to compel, under any circumstances, the other
spouse to supply maintenance to him or her in virtue of
the obligation aris ing from marriage.
(2) The things mentioned in paragraph (b) of sub-article (1) of
this article shall revert to the other spouse, and the acquests
mentioned in paragraph (c) of the said sub-article shall remain
entirely in favour of such spouse, saving any right which the
children or other third parties may have acquired thereon prior to
the registration of the judgment of separation in the Public
Registry.
Where wife gives
cause to
separation.
Amended by:
XLVI.1973.11.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.