Court and The Court of Magistrates (Gozo)

L.N. 370 of 2011

CIVIL CODE

(CAP. 16)

The Civil Court (Family Section), The First Hall of the Civil

Court and The Court of Magistrates (Gozo)

(Superior Jurisdiction) (Family Section)

(Amendment) Regulations, 2011

IN EXERCISE of the powers conferred by articles 66A(3),

66I(1) and 66J of the Civil Code, the Minister for Justice and Home

Affairs has made the following regulations:-

(1) The title of these regulations is The Civil Court

(Family Section), The First Hall of the Civil Court and The Court

of Magistrates (Gozo) (Superior Jurisdiction) (Family Section)

(Amendment) Regulations, 2011, and these regulations shall be

read and construed as one with The Civil Court (Family Section),

The First Hall of the Civil Court and The Court of Magistrates

(Gozo) (Superior Jurisdiction) (Family Section) Regulations,

hereinafter referred to as the "principal regulations".

(2) These regulations shall come into force on the 1st October,

2011.

Immediately after regulation 3 of the principal regulations

there shall be added the following new regulation

" Applicability

The provisions of regulation 3 shall

of regulation 3.

apply for the purposes of article 66J(1) of the

Civil Code, such that the panels referred to in

the said regulation 3 shall be deemed also to

be the register of qualified persons referred to

in the said article 66J(1) of the Civil Code and

shall serve the same function.".

3. Regulation 4 of the principal regulations shall be amended

as follows

(a)

in subregulation (1) thereof, for the words "Any

party wishing to proceed to initiate a suit for personal

separation against the other spouse", there shall be

substituted the words "Any party wishing to proceed to

initiate a suit for personal separation or divorce against the

other spouse"; and for the words "by filing a letter to that

effect in the registry of the Court", there shall be substituted

the words "by filing a letter, in the case of personal

separation, or by filing an application, in the case of divorce,

as the case may be, to that effect in the registry of the Court";

(b) subregulation (2) thereof shall be substituted by the

following

"(2) Where authority to proceed for personal

separation or divorce is granted by the Court, it shall be

lawful for either spouse to bring a suit before the Court,

or counter claim for personal separation or divorce, as

the case may be, on the same or any other of the grounds

mentioned in the Civil Code as if such leave referred to

both parties on all of the said grounds.";

(c)

in subregulation (9) thereof, for the words "or

otherwise agreed to enter into a deed of personal separation

by mutual consent, the mediator shall transmit to the judge a

draft of the deed of personal separation, together with any

comments thereon", there shall be substituted the words "or

otherwise agreed to enter into a deed of personal separation

or divorce agreement by mutual consent, the mediator shall

transmit to the judge a draft of the deed of personal

separation or of the divorce agreement, as the case may be,

together with any comments thereon"; and

(d) in subregulation (12) thereof, for the words "from

the filing of the letter referred to in subregulation (1)", there

shall be substituted the words "from the filing of the letter or

of the application, as the case may be, referred to in

subregulation (1)".

Regulation 7 of the principal regulations shall be amended Amends

regulation 7 of

as follows

the principal

regulations.

(a)

in the marginal note thereof, immediately after the

words "personal separation", there shall be added the words "or

divorce"; and

(b) in subregulation (1) thereof, for the words "a suit

for personal separation" there shall be substituted the words "a

suit for personal separation or divorce".

Paragraph (c) of subregulation (1) of regulation 9 of the Amends

regulation 9 of

principal regulations shall be substituted by the following

the principal

regulations.

"(c)

variations of any matter regulated by any judgement

of personal separation or by a deed of personal separation or by

a decree or judgment of divorce; or".