Civil Code (Cap. 16)
Civil Code (Cap. 16), article 66B
66B. * Without prejudice to the following provisions of this
article, divorce shall not be granted except upon a demand made
jointly by the two spouses or by one of them against the other
spouse, and unless the Co urt is satisfied that:
(a) upon a demand made jointly by the two spouses, on the
30 [CAP. 16. CIVIL CODE
date of commencement of t he divorce proceedings, the
spouses shall have lived apart for a period of, or
periods that amount to, at least 6 months out of the
preceding year:
Provided that when the demand is made by one of the
spouses against the other spouse, on the date of
commencement of the divorce proceedings, the spouses
shall have lived apart for a period of, or periods that
amount to, at least one year out of the preceding two
years; or
(b) on the date of commencement of the divorce
proceedings, the spouses are separated by means of a
contract or court judgment; and
(c) t h e r e i s n o r e a s o n a b l e prospect of reconciliation
between the spouses; and
(d) the spouses and all of their children are receiving
adequate maintenance, where this is due, according to
their particular circumstances, as provided in article
57:
Provided that the spouses may, at any time, renounce their
right to maintenance:
Provided further that for pu rposes of this paragraph,
maintenance ordered by the court by a judgement of separation o r
agreed to between the spouses in a contract of separation, shal l be
deemed to be adequate maintenance:
Provided further that a di vorce pronounced between
spouses who were separated by a contract or by a judgement shal l
not bring about any change in what was ordered or agreed to
between them, except for the effects of divorce resulting from the
law.
Pronouncement of
divorce.
Added by:
XIV .2011.9.
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.