ACT No. XXV of 2021 AN ACT to amend the Civil Code, Cap. 16, and Act XIV of 2011.

I assent.

(L.S.)

GEORGE VELLA

President

28th May, 2021

ACT No. XXV of 2021

AN ACT to amend the Civil Code, Cap. 16, and Act XIV of 2011.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows: -

The title of this Act is the Civil Code and Act XIV of 2011

(Amendment) Act, 2021.

PART I

Amendments to the Civil Code

This Part amends the Civil Code and it shall be read and

construed as one with the Civil Code, hereinafter in this Part referred

to as "the Code".

The proviso to article 40 of the Code shall be substituted by

the following

"Provided that the court may pronounce separation on the

ground that the marriage has irretrievably broken down

notwithstanding that, whether previously to or after the coming

into force of this article, none of the spouses had made a demand

on such ground.".

Article 66B of the Code shall be amended as follows

Amendment of

article 66B of

the Code.

(a) paragraph (a) thereof shall be substituted by the

following

"(a) upon a demand made jointly by the two

spouses, on the date of commencement of the divorce

proceedings, the spouses shall have lived apart for a period

of, or periods that amount to, at least 6 months out of the

preceding year

Provided that when the demand is made by one

of the spouses against the other spouse, on the date of

commencement of the divorce proceedings, the spouses

shall have lived apart for a period of, or periods that

amount to, at least one year out of the preceding two years;

or";

(b) immediately after paragraph (a) thereof, as

substituted, there shall be added the following new paragraph

"(b) on the date of commencement of the

divorce proceedings, the spouses are separated by

means of a contract or court judgment; and"; and

(c) paragraphs (b) and (c) thereof shall be renumbered as

paragraphs (c) and (d) respectively.

In sub-article (2) of article 66D of the Code, the words "either Amendment of

by proving that the time period provided in article 66B(a) has not yet article

the Code.

elapsed or" shall be deleted.

In paragraph (b) of sub-article (2) of article 66G of the Code, Amendment of

the words "which shows that the applicant and the other party have article

the Code.

been legally separated for at least four years" shall be deleted.

PART II

Amendment to Act XIV of 2011

This Part amends Act XIV of 2011 and it shall be read and Amendment to

Act XIV of

construed as one with the said Act XIV of 2011.

2011.

Article 12 of Act XIV of 2011 shall be deleted.

Deletion of

article 12 of Act

XIV of 2011.

Passed by the House of Representatives at Sitting No. 464 of the

24th May, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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