Civil Code (Cap. 16)

Civil Code (Cap. 16), article 66G

Official PDF on legislation.mt

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.

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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.