AN ACT to amend the Civil Code, Cap. 16. 

 
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:
 
 
1. (1) The short title of this Act is the Civil Code 
(Amendment) Act, 2011, and this Act shall be read and construed as 
one with the Civil Code, hereinafter referred to as "the Code": 
Provided that the provisions of article 11 and of article 12 
of this Act shall not be included in the Code but shall continue to be 
in force as part of this Act provided however that they shall also be 
reproduced insofar as article 11 is concerned in a footnote at the end 
of Sub-Title IV of Title I of Book First of the Civil Code entitled ‘Of 
Divorce’ and insofar as article 12 is concerned in a footnote with 
reference to article 66B of the Code. 
 
Short title and 
commencement. 
 
Cap. 16. 
 
A 20 
 
 
Amendment of 
article 3B of the 
Code. 
 
Amendment of 
article 54 of the 
Code. 
 
(2) This Act shall come into force on 1st October 2011. 
2. Article 3B of the Code shall be amended as follows: 
(a) the whole article 3B shall be re-numbered as 
subarticle (1) thereof; 
(b) immediately after sub-article (1) thereof as renumbered, 
there shall be added the following new sub-articles: 
"(2) The obligation of the parents to 
provide maintenance according to sub-article 
 
(1) also includes the obligation to continue to 
provide adequate maintenance to children, 
according to their means, and where it is not 
reasonably possible for the children, or any of 
them, to maintain themselves adequately, who: 
(a) are students who are 
participating in full-time education, 
training or learning and are under the age 
of twenty-three; or 
(b) have a disability, as defined in 
Cap. 413. 
the Equal Opportunities (Persons with 
Disability) Act, whether such disability is 
physical or mental. 
 
(3) The obligations provided in sub-
article (1) also bind a person acting in loco 
parentis with regard to another person’s child, 
by reason of the marriage of such person to a 
parent of that child, where the other parent of 
that child, shall have, at any time before or 
during the marriage, died or was declared as an 
absentee according to Title VII of Book First of 
this Code, or is unknown: 
Provided that the provisions of this sub-
article shall be without prejudice to the 
obligations of the natural parents of the child 
and shall in any case be without prejudice to the 
provisions of article 149.". 
 
3. Article 54 of the Code shall be amended as follows: 
(a) sub-article (2) thereof shall be substituted by the 
following: 
A 21 
 
 
Cap. 413. 
 
Cap. 318. 
 
Cap. 318. 
 
"(2) The amount of maintenance referred 
to in sub-article (1), and the maintenance due to 
children in the event of separation, shall be 
determined having regard to the means of the 
spouses, their ability to work and their needs, 
and regard shall also be had to all the other 
circumstances of the spouses and of the 
children, including the following: 
 
(a) the needs of the children, after 
considering all their circumstances; 
(b) any disability, as defined in 
the Equal Opportunities (Persons with 
Disability) Act, whether such disability is 
physical or mental; 
(c) circumstances of illness which 
are of such seriousness and gravity as to 
compromise the ability of the spouses or 
of the children to maintain themselves; 
(d) whether the ability of the 
party to whom maintenance is due to have 
earnings of whatever nature was 
diminished by reason of that party having, 
during the marriage, taken care of the 
household, the other party and the 
upbringing of the children of the 
marriage; 
(e) every income or benefit which 
the spouses, or any of them, receive 
according to law, other than Social 
Assistance that is not contributory which 
is paid to them under the Social Security 
Act: 
Provided that for the purposes of this 
paragraph the disability pension payable 
in terms of article 27 of the Social 
 
Security Act shall be taken into 
consideration; 
(f) the accommodation 
 
requirements of the spouses and of the 
children; 
 
A 22 
 
 
Amendment of 
article 55 of the 
Code. 
 
(g) the amount which would have 
been due to each of the parties as a 
benefit, including, but not limited to, a 
benefit under a pension scheme, which by 
reason of the separation, that party will 
forfeit the opportunity or possibility of 
acquiring."; 
(b) sub-articles (3), (4), (5), (6) and (7) thereof shall be 
renumbered as sub-articles (5), (6), (7), (8) and (9) respectively 
and immediately following sub-article (2) as amended, there 
shall be added the following: 
"(3) The provisions of article 381(2) of 
 
Cap. 12. 
the Code of Organisation and Civil Procedure 
shall apply mutatis mutandis provided that the 
said article shall be construed to mean that, 
even where no demand is made by a party to 
whom maintenance is due, either for that party 
or for the children, for the application of the 
provisions of that article, the court may apply 
the said article out of its own motion. 
 
(4) In granting maintenance, the court 
may also provide for the manner in which the 
same may increase from time to time."; and 
(c) in sub-articles (6) and (8) thereof as renumbered, for 
the words "in-sub-article (3)" there shall be substituted the 
words "in sub-article (5)". 
4. Article 55 shall be amended as follows: 
(a) sub-articles (1), (2), and (3) thereof shall be 
renumbered as sub-articles (6), (7) and (8) respectively and 
immediately before sub-article (6) thereof as renumbered, there 
shall be added the following new sub-articles: 
"(1) The court may, at any time during the cause 
for separation, upon the demand of any of the spouses, 
order the cessation of the community of acquests or of the 
community of residue under separate administration 
existing between the spouses. 
 
(2) The order for the cessation of the community 
as provided in sub-article (1) shall be given by means of a 
judgement from which every party shall have a right of 
appeal, without requiring permission from the court for 
A 23 
 
 
this purpose. 
 
(3) The order of cessation shall have effect 
between the spouses from the date of the judgement on 
appeal or, if no appeal is entered, from the date when the 
time allowed for the appeal lapses, and it shall remain 
valid even if the cause for separation is discontinued. 
(4) Prior to ordering the cessation of the 
community as provided in this article, the court shall 
consider whether any of the parties shall suffer a 
disproportionate prejudice by reason of the cessation of the 
community before the judgement of separation. 
(5) The order of cessation under this article shall, 
at the expense of the party who demanded such cessation, 
be notified to the Director of Public Registry and it shall 
have effect as if the cessation of the community of acquests 
or of the community of residue under separate 
administration were made by public deed."; 
(b) for sub-article (6) thereof as renumbered, there shall 
be substituted the following: 
"(6) Unless the court, in its discretion, upon the 
demand of one of the parties, shall have ordered the 
cessation of the community of acquests or of the 
community of residue under separate administration 
existing between the parties at the time of commencement 
of the cause for separation, on separation being 
pronounced, the court shall direct that the community of 
acquests or the community of residue under separate 
administration shall cease as from the day on which the 
judgement becomes res judicata."; and 
 
(c) in sub-article (8) thereof as renumbered, for the 
words "of sub-article (2)", there shall be substituted the words 
"of sub-article (7)". 
5. For sub-articles (1) and (2) of article 55A of the Code, 
there shall be substituted the following: 
"(1) In pronouncing the judgement of separation, the 
 
court shall on the demand of either of the parties, order, 
 
according to circumstances: 
 
(a) that any one of the parties shall be entitled to 
reside in the matrimonial home, to the exclusion of the 
Amendment of 
article 55A of 
the Code. 
 
A 24 
 
other party, for the period and under those conditions as it 
considers appropriate; or 
 
(b) that the matrimonial home is to be sold, 
where it is satisfied that the parties and their children shall 
have adequate alternative accommodation, and that the 
proceeds of the sale shall be assigned to the parties as it 
considers appropriate; or 
(c) where the matrimonial home belongs to both 
parties, to assign the matrimonial home to any one of the 
parties, which party shall compensate the other party for 
the financial loss suffered: 
Provided that, in every case, the court shall consider 
the following: 
 
(a) the best interest of the minor children, 
including the impact that there may be on the minor 
children if the court were to grant a demand made 
according to this article; 
(b) the welfare of the parties and of the children; 
and 
(c) whether the parties have, or, whether their 
means and abilities permit them to have, another place 
where to reside. 
(2) The court may, upon a demand of either party, vary a 
decision taken by it under paragraph (a) of sub-article (1), 
where there is a substantial change in circumstances.". 
Amendment of 6. In sub-article (2) of article 56 of the Code, for the words 
 
article 56 of the 
 
"in the custody of third parties or in alternative forms of care" there 
 
Code. 
 
shall be substituted the words "in the custody of persons in loco 
parentis, of third parties, or in alternative forms of care". 
 
Addition of 7. Immediately after article 56 of the Code, there shall be 
 
article 56A in 
 
added the following new article: 
 
the Code. 
 
A 25 
 
 
"Exlcusion of 56A. The Court may, for grave reasons, at 
custody. 
 
any time during the cause for separation or 
when the parties are separated, upon the 
demand of one of the parties, declare that the 
other party is not fit to have the custody of the 
minor children of the parties, and where the 
Court issues such a declaration, the party so 
declared, upon the death of the other party, 
shall not be entitled to assume the custody of 
the minor children without the authorisation of 
the Court.". 
 
8. Article 57 of the Code shall be amended as follows: 
(a) in the marginal note thereof, for the words "Right of 
father and mother", there shall be substituted the words "Right 
of spouses"; 
(b) in sub-article (1) thereof, for the words "the children 
are entrusted, the father and mother shall maintain", there shall 
be substituted the words "the minor children are entrusted, the 
spouses shall maintain"; 
(c) in sub-article (2) thereof, for the words "in which the 
father and mother shall have access to the children", there shall 
be substituted the words "in which the spouses shall have access 
to the children"; and 
(d) in sub-article (3) thereof, for the words "to forbid 
such access if it may be detrimental to the welfare of the 
children", there shall be substituted the words "to forbid such 
access to their minor children if it may be detrimental to the 
welfare of such minors". 
9. Immediately after Sub-Title III of Title I of Book First of 
the Civil Code, there shall be added the following new sub-title:: 
"Sub-title IV 
OF DIVORCE 
Divorce. 66A. (1) Each of the spouses shall have 
the right to demand divorce or dissolution of 
the marriage as provided in this Sub-Title. It 
shall not be required that, prior to the demand 
of divorce, the spouses shall be separated from 
each other by means of a contract or of a 
judgement. 
 
Amendment of 
article 57 of the 
Code. 
 
Addition of new 
Sub-Title to the 
Code. 
 
A 26 
 
 
Conditions 
required for 
divorce. 
 
(2) The divorce or dissolution of the 
marriage shall be granted by virtue of a 
judgement of the competent civil court, upon 
the demand of one or the other of the spouses, 
or by a decree of the same court where the 
spouses shall have agreed that their marriage 
should be dissolved. 
(3) All demands for divorce shall be 
brought before the appropriate section of the 
civil court as established by regulations made 
by the Minister responsible for justice, and the 
provisions of article 37 shall apply mutatis 
mutandis. The decrees and judgements of 
divorce shall be pronounced in open court. 
(4) The court shall, in the decree or 
judgement of divorce, order the Registrar of 
Courts to notify the divorce of the parties to the 
Director of Public Registry within the period 
allowed for this purpose by the same court, so 
that the same shall be registered in the Public 
Registry. 
66B. Without prejudice to the following 
provisions of this article, divorce shall not be 
granted except upon a demand made jointly by 
the two spouses or by one of them against the 
other spouse, and unless the Court is satisfied 
that: 
 
(a) 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 four years 
out of the immediately preceding five 
years, or at least four years have lapsed 
from the date of legal separation; and 
(b) there is no reasonable 
prospect of reconciliation between the 
spouses; and 
(c) the spouses and all of their 
children are receiving adequate 
maintenance, where this is due, according 
to their particular circumstances, as 
provided in article 57: 
Provided that the spouses may, at any time, 
renounce their right to maintenance: 
 
Pronouncement of 
divorce. 
 
Divorce granted 
upon the 
application of one 
of the spouses. 
 
A 27 
 
Provided further that for purposes of this 
paragraph, maintenance ordered by the court by 
a judgement of separation or agreed to between 
the spouses in a contract of separation, shall be 
deemed to be adequate maintenance: 
 
Provided further that a divorce pronounced 
between spouses who were separated by a 
contract or by a judgement shall not bring about 
any change in what was ordered or agreed to 
between them, except for the effects of divorce 
resulting from the law.". 
 
66C. After the court considers the 
requirements of article 66B to have been 
satisfied, the court shall hear and decide on the 
demands made by the parties as provided in this 
Sub-Title and it shall proceed to pronounce the 
divorce of the parties. 
 
66D. (1) Without prejudice to the other 
provisions of this Sub-Title, where an 
application for divorce is made by one of the 
spouses, it shall not be necessary for the spouse 
making the demand to impute to the other 
party any fault leading to the making of such 
demand. 
 
(2) Where the spouses are already 
separated by means of a contract or a court 
judgement, the spouse making the demand for 
divorce may only demand the dissolution of the 
marriage. The other party may contest the 
demand either by proving that the time period 
provided in article 66B(a) has not yet lapsed or 
by proving that the spouse demanding the 
divorce has not paid maintenance that was due 
as ordered by the court or agreed to in the 
separation contract and that, if the demand for 
divorce were to be accepted, it would be more 
difficult for the said other party to obtain the 
payment of maintenance. The Court shall not 
grant the demand for divorce where any of the 
said defences are shown to be valid. 
A 28 
 
 
Consequences of 
fault of spouse. 
 
(3) Where the spouses are not separated 
by means of a contract or a court judgement, 
the spouse making the demand for divorce may, 
together with the same demand, make all those 
demands that are permissible in a cause for 
separation in accordance with Sub-Title III of 
this Title. The Court shall hear and determine 
these demands as provided in the said 
provisions mutatis mutandis. The other party 
may, in addition to the defences mentioned in 
previous sub-article, put forward all those 
defences which that party would have been 
entitled to make in a cause for separation. 
(4) Where the spouses are not separated 
by means of a contract or a court judgement, 
the Court shall have mutatis mutandis all the 
powers granted to it under Sub-Title III of this 
Title with regard to orders which it is entitled to 
give pendente lite. 
(5) Notwithstanding the other provisions 
of this article and only where the community of 
acquests or the community of residue under 
separate administration shall have ceased, the 
parties shall have a right, in any case, if they 
both agree, to divorce without liquidating the 
assets which they hold in common. 
66E. Without prejudice to the other 
provisions of this Sub-Title, where the court, on 
the demand of one of the parties, finds the other 
party responsible for causing the breakdown of 
the marriage for the reasons provided in articles 
38, 40 and 41, the court may apply mutatis 
mutandis the provisions of article 48 against 
that party. 
 
A 29 
 
 
Conversion of 
separation 
proceedings into 
divorce 
proceedings. 
 
66F. (1) Each party in a cause for 
separation may, at any time during the cause, 
but not after the cause has been adjourned for 
judgement, demand, by means of an 
application, that the demand for separation 
made in that cause be instead considered as a 
demand for the pronouncement of divorce. 
When such a claim is made, the court shall hear 
the parties in order to verify that the conditions 
stipulated in article 66B for the filing of a 
demand for divorce are satisfied. The court 
shall decide upon the said claim in a judgement 
given in open court which shall not be subject 
to appeal except together with the final 
judgement. 
 
(2) Any witnesses declared and 
documents presented with the cause for 
separation shall apply mutatis mutandis when 
the said cause is converted into divorce 
proceedings. This without prejudice to the 
possibility that either party may produce further 
documents and witnesses during the divorce 
proceedings which are related to the demand 
for divorce. 
(3) Where neither party elects to 
proceed as provided in sub-article (1) and 
where a demand for separation has already been 
made in accordance with Sub-Title III of this 
Title and at least one of the parties, after the 
making of that demand, makes a demand for 
divorce, the demands for separation and for 
divorce shall, in any case, be heard and decided 
together by the same court in such a manner 
that the connection of causes shall be applied 
by the court without the necessity of any 
demand by the parties. 
(4) Either party, upon making a demand 
for divorce, shall declare on oath whether either 
that party or the other party have already made 
a demand for separation under Sub-Title III of 
this Title. 
A 30 
 
 
Duties of 
applicant’s 
advocate. 
 
66G. (1) The advocate assisting the 
applicant shall, before commencing 
proceedings according 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 reconciliation between 
spouses; and 
(b) ensure that the applicant is 
aware of the option of personal separation 
as an 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 
separated 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 
contract, be accompanied by a legal copy 
of the contract of consensual separation 
which shows that the applicant and the 
other party have been legally separated 
for at least four years: 
Provided that where the advocate assisting 
a client in a cause for divorce shall not have 
presented the said note, the copy of the 
judgement of separation or of the contract of 
consensual separation, as the case may be, the 
advocate shall present these documents not 
later than, or during, the first sitting in the 
cause: 
 
Duties of 
respondent’s 
advocate. 
 
Powers of the 
court. 
 
A 31 
 
Provided further that, for purposes of this 
article, "the applicant" means a person who 
makes an application, who is preparing an 
application or who intends making an 
application to the Court in order to obtain a 
divorce. 
 
66H. (1) The advocate assisting the 
respondent shall, without delay after receiving 
instructions from the respondent about the case, 
where the spouses are not separated by means 
of a contract or a court judgement, discuss the 
possibility of reconciliation with the respondent 
and give the respondent the names and 
addresses of persons qualified to offer 
assistance in the process of reconciliation 
between spouses. 
 
(2) Where the spouses are not separated 
by means of a contract or a court judgement, 
the respondent’s reply to the application for 
divorce shall be accompanied by a note in 
which the advocate confirms that he has 
observed the requirements of sub-article (1): 
Provided that where the advocate assisting 
a client in a cause for divorce shall not have 
presented the said note, the advocate shall 
present that note not later than, or during, the 
first sitting in the cause. 
 
66I. (1) Where a demand for divorce is 
made to the competent civil court by either of 
the spouses, or by both spouses after having 
agreed that their marriage is to be dissolved, 
and where the spouses are not separated by 
means of a contract or a court judgement, 
before granting leave to the spouses to proceed 
for divorce, the Court shall summon the parties 
to appear before a mediator, either appointed by 
it or with the mutual consent of the parties, and 
this for the purpose of attempting reconciliation 
between the spouses, and where that 
reconciliation is not achieved, and where the 
spouses have not already agreed on the terms of 
the divorce, for the purpose of enabling the 
parties to conclude the divorce on the basis of 
an agreement. The said agreement shall be 
made on some or all or of the following terms: 
 
A 32 
 
 
(a) the care and the custody of the 
children; 
(b) the access of the two parties to 
the children; 
(c) the maintenance of the 
spouses or of one of them and of each 
child; 
(d) residence in the matrimonial 
home; 
(e) the division of the community 
of acquests or the community of residue 
under separate administration. 
(2) Where a demand for divorce is made 
to the competent civil court by either of the 
spouses, or by both spouses after having agreed 
that their marriage is to be dissolved, also 
where the spouses are separated by means of a 
contract or a court judgement, the court may, 
where it considers it necessary to do so, either 
on its own initiative or upon the request of the 
mediator or of one of the spouses: 
(a) appoint a children’s advocate 
to represent the interests of the minor 
children of the parties, or of any of them; 
and 
(b) hear the minor children of the 
parties, or any of them, where it considers 
it to be in their best interest to do so: 
Provided that in any divorce proceedings 
before the competent civil court as referred to 
in this article, the court may order the parties to 
present information about the payment of 
children’s maintenance. 
 
Powers of the 
Minister. 
 
Inadmissible 
evidence. 
 
Effects of 
dissolution of 
marriage. 
 
A 33 
 
(3) The Court may, in the judgement 
accepting the demand for divorce, and upon a 
demand of that party to whom, during the 
hearing of the cause, maintenance was due for 
the party or for the children, from the other 
party, order that the payment of maintenance 
from the other party be safeguarded by means 
of an appropriate and reasonable guarantee, in 
accordance with the circumstances of the 
parties. That guarantee shall not be of an 
amount exceeding the amount of maintenance 
for five years. The Court shall grant the said 
order only where, from the evidence in the 
cause, it results that during the hearing or prior 
to the commencement of the cause, the party 
from whom the guarantee is demanded was in 
default in its obligation to pay maintenance, or 
where there are serious objective circumstances 
which demonstrate the necessity of the said 
guarantee. A demand as provided for in this 
sub-article may also be made at any time after 
the said judgement, when maintenance is due. 
66J. (1) The Minister may make 
regulations establishing a register of persons 
qualified to assist the parties involved in the 
process of reconciliation.. 
 
(2) The Minister may make regulations 
to establish the procedure related to the 
mediation between the parties as provided in 
this Sub-Title. 
66K. Any verbal or written 
communication made between the spouses or 
made by a third party in the course of an 
attempt at reconciliation or for the purpose of 
an agreement being reached between the 
spouses on some or all the terms mentioned in 
article 66I(1), or any reference thereto, shall not 
be admissible as evidence during divorce 
proceedings. 
 
66L. (1) When the competent civil 
court pronounces a divorce between the 
spouses, they shall have the right to remarry. 
 
A 34 
 
 
(2) The prouncement of divorce shall 
have no effect upon the rights and obligations 
of the parties as parents in respect of their 
children or upon any agreement reached 
between the parties in respect of the custody of 
their children, without prejudice to the 
provisions of article 56A. 
(3) The pronouncement of divorce shall 
have no effect upon the rights of third parties 
arising out of any agreement or obligation 
already concluded, or still to be concluded, by 
the divorced parties. 
(4) The pronouncement of divorce as 
provided in sub-article (1) has the following 
effects: 
(a) the obligation of cohabitation 
of the parties shall, for all civil effects, 
cease; 
(b) article 62 shall apply mutatis 
mutandis; and 
(c) the rights of the spouses to the 
succession of each other shall cease with 
effect from the day when the decree or 
judgement of divorce becomes res 
judicata. 
(5) The provisions of articles 54(7), 55A 
and 56A shall apply mutatis mutandis where 
the court considers it necessary to apply them 
after having considered the reasons brought 
before it. 
(6) Without prejudice to the provisions 
of article 66D(5), sub-articles (4) to (10) of 
article 1332 and articles 1334, 1335, 1336, 
1337 and 1340 shall apply mutatis mutandis to 
the partition of property between the spouses. 
A 35 
 
 
The effects of 
remarriage. 
 
Jurisdiction of the 
court regarding 
divorce. 
 
66M. When the party receiving 
maintenance, whether by virtue of an order of 
the court or by virtue of a contract of 
separation, remarries or enters into a personal 
relationship which brings about an obligation 
of maintenance by a third party in favour of that 
party, the same party shall forfeit the right to 
receive maintenance payable in respect of that 
party by the other party in the divorce, with 
effect from the date of the remarriage or of the 
commencement of the aforesaid other 
relationship. This article shall also apply in the 
case where the parties had agreed in a contract 
of separation that the agreement regarding 
maintenance of the parties, or of either of them, 
shall continue to have effect and cannot be 
altered in the event of remarriage or of another 
relationship as aforesaid of the party receiving 
maintenance: 
 
Provided that an order for maintenance that 
has been made or authorised by the court to be 
paid by means of a lump sum in favour of the 
party who remarries or who enters into another 
relationship as provided in this article shall 
retain its effect notwithstanding that the party 
in whose favour it is made remarries or enters 
into another relationship as aforesaid. 
 
66N. (1) Notwithstanding the 
provisions of any other law, the courts of civil 
jurisdiction shall have jurisdiction to hear and 
determine a demand for divorce only if at least 
one of the following 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. 
A 36 
 
 
Amendment of 
article 295 of 
the Code. 
 
Adaptation of 
laws. 
 
(2) Notwithstanding the provisions of 
sub-article (1), where a cause for personal 
separation in accordance with Sub-Title III of 
this Title is pending before a court of civil 
jurisdiction in Malta, including a cause being 
heard at appeal stage, and the court has 
jurisdiction to hear and determine that cause, 
the courts of civil jurisdiction in Malta shall 
also have jurisdiction to hear and determine a 
demand for divorce between the same parties.". 
10. In sub-article (1) of article 295 of the Code, for the words 
"in the margin." there shall be substituted the words "in the margin:" 
and immediately thereafter there shall be added the following 
proviso: 
"Provided that where a judgement or a decree of divorce 
 
are given by the competent civil court, these shall be registered 
 
in accordance with article 66A(3).". 
 
11. (1) There shall be a Committee to be known as "the 
Committee for the Adaptation of Laws due to the introduction of 
Divorce". 
(2) The Committee shall consist of a representative of the 
Minister responsible for Justice, 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 
separation between the spouses for the purpose of adapting the same 
to the introduction of divorce. 
(4) The Committee shall until the 29th February 2012 make a 
report of its recommendations to the Prime Minister. 
(5) Without prejudice to the powers of the Parliament of 
Malta, the Prime Minister may, by means of an order made until the 
30th June 2012 make any amendments to any law or regulation as 
indicated in sub-article (3) as may appear to him to be necessary or 
expedient and those amendments may be given retroactive effect as 
from the 1st October 2011, saving any acquired rights. 
(6) Any order made in accordance with the provisions of sub-
article (5) shall as soon as may be after it is made, be laid on the Table 
of the House and shall have effect upon the lapse of the period of 
twenty-eight days after it is so laid, unless the House within that 
period resolves that the order be annulled or amended, whereupon 
that order shall have no effect or shall have effect as amended, as the 
case may be. 
 
(7) In reckoning for the purposes of sub-article (6) any period 
of twenty-eight days therein referred to, no account shall be taken of 
any time during which the House is not in session or during which it 
is adjourned for more than seven days. 
12. A bill for an Act of Parliament amending, deleting or 
substituting the provisions of paragraphs (a), (b) and (c) of article 
66B as provided in clause 9 of this Act shall not be presented to the 
President for his assent unless, not less than three nor more than six 
months after its passage through the House, it has been submitted to 
the electors qualified to vote for the election of members of the House 
of Representatives and the majority of electors voting have approved 
the bill: 
Provided that it shall not be required to submit the bill to the 
electors qualified to vote for the election of members of the House of 
Representatives after its passage through the House as provided in 
this article, if not less that three months and not more than six months 
after the publication of the Bill in the Government Gazette after the 
approval of its First Reading in the House of Representatives, the bill 
was submitted to the electors qualified to vote for the election of 
members of the House of Representatives and the majority of electors 
voting have approved the bill. 
 
Passed by the House of Representatives at Sitting No. 
xxxxxxxxxxx of the xxxxxxxxxxth July, 2011. 
 
MICHAEL FRENDO 
 
Speaker 
 
PAULINE 
ABELA 
 
 
Clerk to the House of Representatives 
 
A 37 
 
 
Special 
procedure to 
amend, repeal or 
substitute 
paragraphs (a), 
 
(b) and (c) 
article 66B in 
clause 9 of this 
Act.