Civil Code (Cap. 16)
Civil Code (Cap. 16), article 62
62. (1) Notwithstanding the provisions of article 4, the spouses
may, on separation, choose to revert to their surname at birth or to
the surname at the tim e of their marriage.
(2) In the case of a consensual separation, a declaration of su ch
choice shall be made in the public deed of separation, and in t he
case of a judicial separation, b y a note filed in the records o f the
case before fin al judgment.
(3) The court may, at the request of one of the spouses, which
may be made at any time before judgment, prohibit the other
spouse from continuing to use the former’s surname after
separation, where such use may cause grave prejudice to the spo use
requesting the prohibition.
Effects of
separation in
regard to third
parties.
Added by:
XXI.1993.35.
Amended by:
XXIII.2017.32.
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.