Civil Code (Cap. 16), article 66D

66D. (1) Without prejudice to the other provisions of this Sub- Title, where an application for divorce is made by one of the spouses, it shall not be necessary for the spouse making the de mand to impute to the other party any fault leading to the making of such demand. (2) Where the spouses are already separated by means of a contract or a court judgement, the spouse making the demand for divorce may only demand the dissolution of the marriage. The other party may contest the de mand by proving that the spouse demanding the divorce has not paid maintenance that was due as ordered by the court or agreed to in the separation contract an d that, if the demand for divorce were to be accepted, it would be more difficult for the said other party to obtain the payment of maintenance. The court shall not grant the demand for divorce *Article 12 of Act XIV of 2011: "12. A bill for an Act of Parliament amending, deleting or subst ituting the provisions of paragraphs ( a), (b) and ( c) of article 66B as provided in clause 9 of this Act shall not be presented to the President for his assent unle ss, not less than three nor more than six months after its passage through the House, it ha s been submitted to the electors qualified to vote for the election of members of the H ouse of Representatives and the majority of electors voting have approved the bill: Provided that it shall not be re quired to submit the bill to th e electors qualified to vote for the election of members of the House of Representative s after its passage through the House as provided in this article, if not less than three months and not more than six months after the publication of the Bill in the G overnment Gazette after the approval of its First Readi ng in the House of Representativ es, the bill was submitted to the electors qualified to vote for the election of members of the House of Representatives and the majority of electors voting have approv ed the bill.". - Repealed by Act XXV of 2021 . 32 [CAP. 16. CIVIL CODE where any of the said defe nces are shown to be valid. (3) Where the spouses are not separated by means of a contract or a court judgement, the spouse making the demand for divorce may, together with the same demand, make all those demands that are permissible in a cause for s eparation in accordance with Su b- Title III of this Title. The court shall hear and determine the se demands as provided in the said provisions mutatis mutandis . The other party may, in addition to the defences mentioned in previ ous sub-article, put forward all tho se defences which that party wo uld have been entitled to make in a cause for separation. (4) Where the spouses are not separated by means of a contract or a court judgement, the Court shall have mutatis mutandis all the powers granted to it under Sub-Title III of this Title with reg ard to orders which it is entitled to give pendente lite . (5) Notwithstanding the other provisions of this article and only where the community of acque sts or the community of residu e under separate administration shal l have ceased, the parties sh all have a right, in any case, if th ey both agree, to divorce witho ut liquidating the assets which they hold in common. Consequences of fault of spouse. Added by: XIV .2011.9.