Civil Code (Cap. 16)

Civil Code (Cap. 16), article 66B

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.