Civil Code (Cap. 16)
Civil Code (Cap. 16), article 66N
66N. (1) Notwithstanding the provisions of any other law, the
courts of civil jurisdiction shall have jurisdiction to hear an d
determine a demand for divorce only if at least one of the foll owing
requirements is satisfied:
(a) at least one of the spouses was domiciled in Malta on
the date of the filing of the demand for divorce before
the competent civil court;
(b) at least one of the spouses was ordinarily resident in
Malta for a period of one year immediately preceding
the filing of the demand for divorce.
(2) Notwithstanding the provisions of sub-article (1), where a
cause for personal sep aration in accordance with Sub-Title III of
this Title is pending before a court of civil jurisdiction in M alta,
including a cause being heard at appeal stage, and the court ha s
jurisdiction to hear and determine that cause, the courts of ci vil
jurisdiction in Malta shall also have jurisdiction to hear and
determine a demand for divor ce between the same parties. *
*Article 11 of Act XIV of 2011:
"11. (1) There shall be a Committee to be known as "the Committee for t h e
Adaptation of Laws due to the introduction of Divorce".
(2) The Committee shall consist of a representative of the Minis ter, who shall be
the Chairperson, and of two other members one of whom shall be a representative of
the Minister responsible for Social Policy and the other shall be a representative of the
Minister responsible for Finance.
(3) The Committee shall have the function of advising the Prime Minister on any
amendments that have to be made to any law or regulation which, directly or
indirectly, refers to personal s eparation betwee n the spouses f or the purpose of
adapting the same to the introduction of divorce.
(4) The Committee shall until the 29 th February 2012 make a report of its
recommendations to the Prime Minister.
(5) Without prejudice to the power s of the Parliament of Malta, the Prime Minister
may, by means of an order made until the 30 th June 2012 make any amendments to
any law or regulation as indicated in sub-article (3) as may ap pear to him to be
necessary or expedient and those amendments may be given retroa ctive effect as from
the 1st October 2011, saving any acquired rights.
(6) Any order made in accordance with the provisions of sub-arti cle (5) shall as
soon as may be after it is made, be laid on the Table of the Ho use and shall have effect
upon the lapse of the period of t wenty-eight days after it is s o laid, unless the House
within that period resolves that the order be annulled or amend ed, whereupon that
order shall have no effect or sh all have effect as amended, as the case may be.
(7) In reckoning for the purpose s of sub-article (6) any period of twenty-eight days
therein referred to, no account sh all be taken of any time duri ng which the House is
not in session or during which it is adjourned for more than se ven days.".
CIVIL CODE [CAP. 16. 37
Title II
OF FILIATION
Sub-title I
OF THE FILIATION OF CHILDREN CONCEIVED OR BORN IN
WEDLOCK
Child born in
wedlock.
Amended by:
XXIII.2017.33.
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.