Civil Code (Cap. 16)
Civil Code (Cap. 16), article 66F
66F. (1) Each party in a cause for separation may, at any time
during the cause, but not after the cause has been adjourned fo r
judgement, demand, by means of an application, that the demand
for separation made in that cau se be instead considered as a
demand for the pronouncement of divorce. When such a claim is
made, the court shall hear the parties in order to verify that the
conditions stipulated in article 66B for the filing of a demand for
divorce are satisfied. The court shall decide upon the said cla im in
a judgement given in open court which shall not be subject to
appeal except together w ith the final judgement.
(2) Any witnesses declared and documents presented with the
cause for separation shall apply mutatis mutandis when the said
cause is converted into divorce pr oceedings. This without preju dice
to the possibility that either party may produce further docume nts
and witnesses during the divorce proceedings which are related to
the demand for divorce.
(3) Where neither party elects to proceed as provided in sub-
article (1) and where a demand for separation has already been
made in accordance with Sub-Title III of this Title and at leas t one
of the parties, after the making of that demand, makes a demand for
divorce, the demands for separat ion and for divorce shall, in a ny
case, be heard and deci ded together by the same court in such a
manner that the connection of causes shall be applied by the co urt
without the necessity of any demand by the parties.
(4) Either party, upon making a demand for divorce, shall
declare on oath whether either th at party or the other party ha ve
CIVIL CODE [CAP. 16. 33
already made a demand for separation under Sub-Title III of thi s
Title.
Duties of
applicant’s
advocate.
Added by:
XIV .2011.9.
Amended by:
XXV .2021.6.
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.