Civil Code (Cap. 16)
Civil Code (Cap. 16), article 66G
66G. (1) The advocate assisting the applicant shall, before
commencing proceedings accordin g to article 66B, where the
spouses are not separated by means of a contract or a court
judgement:
(a) discuss the possibility of reconciliation with the
applicant and give the applicant the names and
addresses of persons qualified to offer assistance in the
process of reconciliati on between spouses; and
(b) ensure that the applicant is aware of the option of
personal separation as a n alternative to divorce.
(2) The application for the commencement of divorce
proceedings shall:
(a) where the spouses are not separated by means of a
contract or a court judgement, be accompanied by a
note in which the advocate confirms that he has
observed the requirements of sub-article (1); or
(b) where the spouses are sep arated by means of a court
judgement, be accompanied by a legal copy of the
judgement of separation or, where the spouses are
separated by means of a con tract, be accompanied by a
legal copy of the contract of consensual separation:
Provided that where the advo cate assisting a client in a
cause for divorce shall not have presented the said note, the c opy of
the judgement of separation or of the contract of consensual
separation, as the case may be, the advocate shall present thes e
documents not later than, or dur ing, the first sitting in the c ause:
P r o v i d e d f u r t h e r t h a t , f o r p u r p o s e s o f t h i s a r t i c l e , " t h e
applicant" means a person who makes an application, who is
preparing an application or who intends making an application t o
the court in order to obtain a divorce.
Duties of
respondent’s
advocate.
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.