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Malti

Chapter 16 – Civil Code

What is this act about?

Din il-liġi hija dwar ir-riforma u l-konsolidazzjoni tal-liġijiet li jirrigwardaw il-persuni u d-drittijiet relatati mal-affarijiet, kif ukoll il-modi differenti ta' kif jinkisbu u jiġu trażmessi dawn id-drittijiet.

Who it applies to: Persuni fiżiċi, b'mod partikolari dawk involuti fi żwieġ, filjazzjoni, jew adozzjoni; Sidien ta' proprjetà u dawk li jiksbu jew jittrażmettu drittijiet fuq l-affarijiet.

At a glance

Country
Malta
Area of law
Other legislation
Articles
579
Source
legislation.mt
Text retrieved
Explanation updated

What does this act regulate?

  • Id-drittijiet u d-dmirijiet li jirriżultaw miż-żwieġ, inklużi s-separazzjoni personali u d-divorzju.
  • Il-filiżjoni, l-adozzjoni, u l-awtorità tal-ġenituri fuq il-minuri.
  • Il-proprjetà, inklużi d-drittijiet ta' usufrutt, użu, u abitazzjoni, kif ukoll is-servitujiet praedjali.
  • Il-modi ta' kif tinkiseb u tiġi trażmessa l-proprjetà, bħas-suċċessjonijiet, il-kuntratti, u d-donazzjonijiet.

Who does this act apply to?

  • Persuni fiżiċi, b'mod partikolari dawk involuti fi żwieġ, filjazzjoni, jew adozzjoni.
  • Sidien ta' proprjetà u dawk li jiksbu jew jittrażmettu drittijiet fuq l-affarijiet.

What are the key points?

  • Il-Kodiċi jikkonsolida diversi Ordinanzi u Atti li jmorru lura għall-1868 u l-1873.
  • Jinkludi dispożizzjonijiet dwar il-kapaċità li wieħed jiddisponi jew jirċievi b'testment jew b'donazzjoni.
  • Jirregola diversi tipi ta' kuntratti, bħall-bejgħ, il-kiri, is-sħubija, u l-kuntratti tal-assigurazzjoni fuq il-ħajja.
  • Jinkludi wkoll dispożizzjonijiet dwar trusts u l-effetti tagħhom.

Other legislation

8
Chapter 518 – Protection of Minors (Registration) Act
Chapter 36 – Prevention of Disease Ordinance
Chapter 263 – Prevention of Corruption (Players) Act
Chapter 458 – Medicines Act
Chapter 79 – Commissioners for Oaths Ordinance
Chapter 169 – Commissioner of Land Ordinance
Chapter 575 – Government Borrowing and Management of Public Debt Act
Chapter 246 – Immovable Property (Acquisition by Non-residents) Act

Other legislation

Legal text

Legal text
Contents (579)
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[CAP. 16. 1 CIVIL CODE

CHAPTER 16

CIVIL CODE To amend and consolidate the Laws relating to Persons and the Laws respecting rights relative of Things and the different modes of acquiring and transmitting such rights.

11th February, 1870 22nd January, 1874 This Code consolidates the following:

ORDINANCE VII of 1868 (as amended by Ordinances: I of 1870, IV of 1907, XIV of 1913, II and V of 1920; Acts: III of 1930, XLII of 1933;

Ordinances: XL of 1935, XIX of 1937, III of 1938, XXXIX of 1939 and XXV of 1940); ORDINANCE 1 of 1873 (as amended by Ordinances: I of 1908, XIII of 1932; Act XXI of 1933; Ordinances: XX of 1934, XVIII of 1938 and XXII of 1939); Article I of ORDINANCE VI of 1895 and Articles 2, 4, 5, 6, 7 (1) and 9 of ORDINANCE XIII of 1895.

This Code was subsequently amended by Ordinances: II and VII of 1944; Acts: XXVIII of 1948, XI of 1952; Ordinances: IV and XXXIX of 1961, XXI and XXV of 1962; Legal Notice 4 of 1963; Act XXVIII of 1963;

Legal Notice 46 of 1965; Acts: XXXI of 1965, II and XXXI of 1966, XVI of 1967, VI of 1968, VI and XXXVIII of 1972, XI and XXV of 1973; Legal Notice 54 of 1973; Acts: XLVI of 1973, I and LIV of 1974, XXXVII of 1975;

Legal Notice 93 of 1975; Act LVIII of 1975; Legal Notice 148 of 1975; Act LV of 1975; Legal Notice 46 of 1976; Acts: XXII, XXVII and XXXIX of 1976; Legal Notice 43 of 1977; Acts: VII and XI of 1977, XXII and XXX of 1979, XXX, XLIX and L of 1981, VII and IX of 1982, VI and XIII of 1983, XX of 1984, VII of 1985, XII and XXXI of 1986; Legal Notice 161 of 1989;

Acts: VIII of 1990, XVII of 1991, IX of 1992, V and XXI of 1993, III and XXVIII of 1994, and IV, XXIV and XXX of 1995; Legal Notice 212 of 1997;

Acts IX and XXII of 2000, XX and XXXI of 2002, III, VI, IX, XIII and XVIII of 2004; Legal Notice 355 of 2004; Acts XI, XIII, XX and XXII of 2005, V of 2006, VIII, XIII and XVIII of 2007; Legal Notice 407 of 2007; Acts III, IV and XV of 2008, III, X, XII and XV of 2009, V, VIII, XX and XXIII of 2010, XIV and XXIV of 2011, and II, XV, XIX and XXIV of 2012; Legal Notices 218, 311, 426 and 465 of 2012; Acts IV and VII of 2013, and IX and XXV of 2014; Legal Notice 92 of 2015; Acts XI, XII, XVI, XX and XXX of 2015, IV, XIII, XIV, XXIV, XXV, LII of 2016, VIII of 2017, XV of 2017, XVII of 2017, XXIII of 2017, VIII of 2018, XIII of 2018. , XXVII of 2018 XXXI of 2018, XXXII of 2018 , XXIV of 2018, XXXVI of 2018 and XLIII of 2018 XVII and XXV and XXVIII of 2019 and XXVII, XXIX, XLVII, XXXIX, LXI and LXV of 2020, XXIV, XXV of 2021 and XXXVII of 2021 and Legal Notice 339 of 2019 and 38 and 40 of 2021 and 212 of 2023 and Act VI and XVII and XXXV of 2023 and XVII, XXVIII, XX, XXV and XXX of 2024, XXII and XXXIV of 2025 and III of 2026.

CIVIL CODE ARRANGEMENT OF CODE Articles Short Title BOOK FIRST OF PERSONS Preliminary

Title I.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

Title II.

Sub-title I.

Sub-title II.

Sub-title III. §I §II

Title III.

Title IV.

Sub-title I.

Sub-title II.

Title V.

Sub-title I.

Sub-title II. §I §II

Title VI.

Sub-title I.

Sub-title I A.

Sub-title II.

Title VII.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

Sub-title V.

Title VIII.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

1A Of the Rights and Duties Arising from Marriage 2-66N Of the Mutual Rights and Duties of Spouses 2-6A Of the Mutual Rights and Duties of Ascendants, Descendants and Brothers 7-34 Of Personal Separation 35-66 Of Divorce 66A-66N Of Filiation 67-112 Of the Filiation of Children conceived or born in Wedlock 67-77 Of the Proof of Filiation of Children Conceived or Born in Wedlock 78-85 Of the Filiation of Children Conceived and Born out of Wedlock and of the Presumption that a Person was Conceived or Born in Wedlock 86-112 Of the Filiation of Children Conceived and Born out of Wedlock 86-100A Of the Presumption that a Person was Conceived or Born in Wedlock 101-112 Of Adoption 113-130A Of Parental Authority 131-156 Of the Effects of Parental Authority in regard to Minors 132-149 How Parental Authority Ceases 150-156 Of Minority and of Tutorship 157-187 Of Minority Of Tutorship 158-187 Of the Appointment and Removal of Tutors 159-171 Of the Tutor’s Administration 172-187 Of Majority, Guardianship, Interdiction and Incapacitation 188-192 Of Majority Of Guardianship 188A-188D Of Interdiction and Incapacitation 189-192 Of Absentees 193-233 Of the Curatorship of Absentees 194-204 Of the Provisional Possession of the Property of an Absentee 205-222 Of the Absolute Possession of the Property of an Absentee 223-228 Of the Effects of Absence in regard to eventual Rights of the Absentee 229-232 Of the Curatorship of Minor Children of Absentee Of Acts of Civil Status 234-306 General Provisions 234-271 Of Acts of Birth 272-292A Of Acts of Marriage 293-295 Of Acts of Death 296-306 [CAP. 16. 3 CIVIL CODE Articles BOOK SECOND OF THINGS

PART I

OF RIGHTS OVER THINGS

Title I.

Sub-title I.

Sub-title II.

Title II.

Title III.

Sub-title I. §I §II §III Sub-title II.

Title IV.

Sub-title I. §I §II §III §IV §V Sub-title II. §I §II §III

Title V.

Sub-title I.

Sub-title II.

Sub-title III.

Title VI.

Sub-title I.

Sub-title II.

Sub-title III. §I §II §III Of Things and their Different Kinds Of Immovable Property Of Movable Property Of Ownership Of the Rights of Usufruct, Use and Habitation Of Usufruct Of the Rights of the Usufructuary Of the Obligations of the Usufructuary Of the Manner in which Usufruct Terminates Of Use and Habitation Of Praedial Easements General Provisions Easements Created by Law Easements arising from the Situation of Property Of Walls and Ditches which separate Neighbouring Tenements Of Distances required in certain cases Of Eavesdrop Of Right of Way and of Watercourse Of Easements created by the Act of Man Of the Different Kinds of Easements which can be created by Act of Man and of the manner in which such Easements are Created Of the manner in which Easements are Exercised Of the manner in which Easements are Extinguished Of Community of Property Of the Nature of the Community of Property and of the Rights of the Co-owners during the Community Partition of Common Property Of Sale by Licitation Of Possession Of the Nature of Possession Of the Rights of the Possessor in case of Molestation Of the Rights and Obligations as between the Possessor and the Owner Of the Fruits of the Thing possessed, of the Expenses incurred in connection therewith and of the Right of Retention Of the Obligations of the Possessor with regard to the Restoration of the Thing Of the Particular Effects of the Possession of Movables 307-319 308-311 312-319 320-327 328-399 328-388 332-348 349-377 378-388 389-399 400-488 400-401 402-453 403-406 407-433 434-444 446-453 454-488 454-469 470-478 479-488 489-523 489-495A 496-514 515-523 524-559 524-533 534-539 540-559 540-550 551-557 558-559 CIVIL CODE Articles

PART II

OF THE MODES OF ACQUIRING AND TRANSMITTING PROPERTY AND OTHER RIGHTS OVER OR RELATING TO THINGS

Title I.

Title II.

Sub-title I.

Sub-title II.

Sub-title III.

Title III.

Sub-title I. §I §II §III §IV §V §VI §VII §VIII §IX Sub-title II. §I §II §III Sub-title III. §I §II General Provisions Of Occupancy Of Accession Of the Right of Accession to what is produced by the Thing Of the Right of Accession in regard to Immovable Things Of the Right of Accession in regard to Movable Things Of Successions General Provisions Of Testate Successions Of Wills Of the Capacity of Disposing or Receiving by Will Of the Property which may be disposed of by Will Of the Reserved Portion and Disherison Of the Rights of the Surviving Spouse Of the Abatement of Testamentary Dispositions exceeding the disposable Portion Of the Form of Wills Of Ordinary Wills Of Privileged Wills Of the Institution of Heirs, of Legacies, and of the Right of Accretion Of the Institution of Heirs, and of Legacies Of Persons and Things forming the subject of a Disposition Of Conditional or Limited Dispositions Of the Effects of Legacies and of the Payment thereof Of the Right of Accretion Of the Revocation and Lapse of Testamentary Dispositions Of Substitution and of Entails Of Testamentary Executors Of the Opening and Publication of Wills Of the Revocation of Wills Of Intestate Successions General Provisions Of the Capacity to Succeed Of Representation Of Succession by Descendants and the Surviving Spouse Of Succession by Ascendants and Collaterals Of the Rights of the Government Provisions common to Testate Successions and to Intestate Successions Of the Opening of Successions, of Continuance of Possession in the person of the Heir, and of Prescription of certain Actions Of the Acceptance and Renunciation of an Inheritance Of the Acceptance of an Inheritance 561-565 566-584 568-571 572-584 585-958 585-587 588-787 588-595 596-613 614-653 615-630 631-639 647-653 654-682 654-672 673-682 683-748 683-685 686-709 710-720 721-736 737-742 743-748 751-761 762-778 779-780 781-787 788-816 788-795 796-799 801-807 808-811 812-815 831-958K 831-845 846-905 846-859 CIVIL CODE Of the Renunciation of an Inheritance §III §IV §V §VI §VII §VIII

Title III A.

Title IV.

Sub-title I. §I §II §III Sub-title II. §I §II Sub-title III. §I §II §III §IV §V §VI §VII Sub-title IV.

Sub-title V. §I §II §III §IV §V §VI §VII Sub-title VI.

Title V.

[CAP. 16. 5 860-876 Articles 877-902 903-905 906-912 913-938 939-945 946-952 Of the Benefit of Inventory Of Vacant Inheritance Of Partition Of Collation Of the Payment of Debts Of the Effects of Partition and of Warranty of Shares Of Partitions made by the Father, the Mother, or other Ascendants among their Descendants 953-958 Of Cross-Border Successions 958A-958K Of Trusts and their effects 958L-958U Of Obligations in General 959-1235 Of Contracts 960-1011 Of the Conditions Essential to the Validity of Contracts 966-991 Of the Capacity of Contracting Parties 967-973 Of Consent 974-981 Of the Subject-matter of Contracts 982-986 Of the Consideration of Contracts 987-991 Of the Effects of Contracts 992-1001 Of the Interpretation of Contracts 1002-1011 Of Quasi-contracts, Torts and Quasi-torts 1012-1051A Of Quasi-contracts 1012-1028B Of Torts and Quasi-torts 1029-1051A Of the Various Kinds of Obligations 1052-1124B Of Conditional Obligations 1052-1069 Of Conditions in general and of their Various Kinds 1052-1062 Of the Suspensive Condition 1063-1065 Of the Resolutive Condition 1066-1069 Of Obligations with a Limited Time 1070-1079 Of Alternative and Potestative Obligations 1080-1088 Of Joint and Several Obligations 1089-1109 Of Joint and Several Creditors 1090-1093 Of Joint and Several Debtors 1094-1109 Of Divisible and Indivisible Obligations 1110-1117 Of Divisible Obligations 1113-1114 Of Indivisible Obligations 1115-1117 Of Obligations with a Penalty Clause 1118-1124 Of Fiduciary Obligations 1124A-1124B Of the Effects of Obligations 1125-1144 Of the Modes of Extinction of Obligations 1145-1231 Of Payment 1146-1178 Of Payment in general 1146-1163 Of Payment with Subrogation 1164-1167 Of Appropriation of Payments 1168-1172 Of Tender of Payment and of Deposit 1173-1178 Of Novation 1179-1189 Of the Remission of Debts 1190-1195 Of Set-off 1196-1204 Of Merger 1205-1206 Of the Loss of the Thing due 1207-1208 Of Rescission 1209-1231 Of the Proof of Obligations and their Extinguishment 1232-1235 Of Marriage Contracts 1236-1345 Sub-title I.

Sub-title III.

Sub-title IV.

Sub-title V.

Title VI.

Sub-title I .

Sub-title II.

Sub-title III.

Sub-title IV. §I §II Sub-title V.

Sub-title VI.

Sub-title VII.

Title VII.

Title VIII.

Title IX.

Sub-title I. §I §II §III §IV §V §VI Sub-title II. §I §II

Title X.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

Title XI.

Sub-title I.

Sub-title II.

Title XI A.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

Title XII.

Title XIII.

Title XIV.

Sub-title I.

CIVIL CODE Of the Institutes of Dowry and Dower * Articles Of the Community of Acquests * 1316-1333 Of Paraphernal Property * 1334-1337 Of Community of Residue under Separate Administration * 1338-1345 Of Sale 1346-1484A Of the Contract of Sale 1346-1364 Of the Persons who may Buy or Sell 1365-1369 Of the Things which may be Sold 1370-1377 Of the Obligations of the Seller 1378-1432 Of Delivery 1379-1407 Of Warranty 1408-1432 Of Warranty of the Quiet Possession of the Thing sold 1409-1423 Of Warranty in respect of Latent Defects of the Thing sold 1424-1432 Of the Obligations of the Buyer 1433-1439 Of the Dissolution and Rescission of Sales 1440-1468 Of Redemption 1441-1468 Of the Assignment of Debts and other Rights 1469-1484A Of Exchange 1485-1493 Of Emphyteusis 1494-1524 Of Contracts of Letting and Hiring 1525-1643 General Provision Of the Letting of Things 1526-1622A Of the Rights and Obligations of the Lessor 1539-1553 Of the Rights and Obligations of the Lessee 1554-1565 Of the Dissolution of the Lease 1566-1576D Of Special Rules as to Leases of Rural Tenements yielding Fruits 1577-1589 Of the Right of Preference in the Lease of Things 1590-1612 Of Sub-letting 1613-1622A Of the Letting of Work and Industry 1623-1643 Of Carriers by Land or Water 1628-1632 Of Contract of Works or locatio operis 1633-1643 Of Contracts of Partnership 1644-1688 General Provisions 1644-1647 Of the Different Kinds of Partnership 1648-1652 Of the Obligations of Partners as between themselves 1653-1675 Of the Obligations of Partners towards Third Parties 1676-1678 Of the Dissolution of Partnership 1679-1688 Of the Constitution of Annuities 1689-1712 Of Perpetual Annuities 1694-1701 Of Life Annuities 1702-1712 Of Life Insurance Contracts 1721A1712M Contractual Issues 1712A-1712I Issues relating to Married Persons 1712J-1712K Issues relating to Parental Authority 1712L Pledge of Insurance Policies 1712M Of Gaming and Betting 1713-1717A Of Compromise 1718-1736 Of Donation 1737-1823 General Provisions 1737-1742 Of the Capacity to dispose or receive by Donation 1743-1752 *Substituted by Act XXI of 1993.

CIVIL CODE Sub-title II.

Sub-title III.

Sub-title IV.

Sub-title V.

Sub-title VI.

Title XV.

Title XVI.

Title XVII.

Title XVIII.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV.

Title XIX.

Sub-title I. §I §II Sub-title II.

Title XX.

Sub-title I.

Sub-title II. §I §II §III Sub-title III.

Sub-title IV.

Title XXI.

Title XXII.

Title XXIII.

Sub-title I. §I §II Sub-title II. §I §II §III Sub-title III.

Sub-title IV.

Sub-title V.

Sub-title VI.

Sub-title VII.

Sub-title VIII.

Title XXIII A.

Sub-title I.

Sub-title II. [CAP. 16. 7 Articles Of the Form and Effects of Donations 1753-1784 Of the Exceptions to the Rule of Irrevocability of Donations 1785-1792 Of Donations in Contemplation of Marriage 1793-1803 Of Donations between Future Spouses or between Husband and Wife, either by the Marriage Contract or during the Marriage 1804-1812 Of the Reduction of Donations 1813-1823 Of Loan for Use or Commodatum 1824-1838 Of Precarious Loan or Precarium 1839-1841 Of Loan for Consumption or Mutuum 1842-1855A Of Mandate 1856-1890 Of the Nature and Form of Mandate 1856-1872 Of the Obligations of the Mandatary 1873-1879 Of the Obligations of the Mandator 1880-1885 Of the ways in which Mandate is Terminated 1886-1890 Of Deposit 1891-1924 Of Deposit properly so called 1892-1921 Of Voluntary Deposit 1896-1919 Of the Obligations of the Depositary 1899-1917 Of the Obligations of the Depositor 1918-1919 Of Necessary Deposit 1920-1921 Of Conventional Sequestration 1922-1924 Of Suretyship 1925-1963 Of the Nature and Extent of Suretyship 1925-1932 Of the Effects of Suretyship 1934-1950 Of the Effects of Suretyship as between Creditor and Surety 1934-1941 Of the Effects of Suretyship as between Debtor and Surety 1942-1948 Of the Effects of Suretyship as between Co-sureties 1949-1950 Of Legal and Judicial Suretyship 1951-1955 Of the Extinguishment of Suretyship 1956-1963 Of Contracts of Pledge 1964-1986 Of Antichresis 1987-1993 Of Privileges and of Hypothecs 1994-2095 Of Privileges 1999-2010 Of General Privileges 2003-2008 Of Special Privileges 2009-2010 Of Privileges over particular Movables Of Privileges over Immovables Of Hypothecs 2011-2028 Of Legal Hypothec 2017-2022 Of Judicial Hypothec Of Conventional Hypothec 2024-2028 How Privileges and Hypothecs are Preserved 2029-2052 Of the Renewal of Registrations 2053-2058 Of the Reduction and Cancellation of Registrations 2059-2068 Of the Effect of Privileges and of Hypothecs against Third Parties in Possession 2069-2083 Of the Extinguishment of Privileges and Hypothecs 2084-2087 Of the Order of Priority of Privileges and Hypothecs 2088-2095 Of Trusts and Obligations 2095A-2095E Of Matrimonial Regimes 2095A-2095C Of Annuities 2095D Sub-title III.

Title XXIII B.

Title XXIV.

Title XXV.

Sub-title I.

Sub-title II.

Sub-title III.

Sub-title IV. §I §II CIVIL CODE Of Security Trusts Of Security by Title Transfer Of the Benefit of Separation of Estates Of Prescription General Provisions Of the Causes which Prevent Prescription Of the Causes which Suspend Prescription Of the Causes which Interrupt Prescription Of the Time Required for Prescription Of Prescription of Ten, Thirty and Forty Years Of Certain Particular Prescriptions Articles 2095E 2095F-2095J 2096-2106 2107-2160 2107-2117A 2118-2121 2122-2126 2127-2136 2137-2160 2140-2146 2147-2160 FIRST SCHEDULE

Part I

Part II

Part III

Fees Forms Particulars regarding corrections of Acts of Civil Status SECOND SCHEDULE

Title I

Sub-Title I Sub-Title II

Title II

Sub-Title I Sub-Title II Sub-Title III Sub-Title IV Sub-Title V Sub-Title VI Sub-Title VII Sub-Title VIII

Title III

Sub-Title I Sub-Title II Sub-Title III

Title IV

OF LEGAL ORGANISATIONS Preliminary and Definitions Of Foreign and International Organisations OF LEGAL PERSONALITY Of Legal Persons Of Administrators Of the Registrar Of Registration of Organisations Of Unregistered Organisations Of Responsibility of Persons involved in Organisations Of Liability of Organisations Miscellaneous OF FOUNDATIONS AND ASSOCIATIONS Preliminary and Definitions Of Foundations Of Associations OF WINDING UP OF ORGANISATIONS THIRD SCHEDULE 1-2 3-25 3-6 7-10 13-15 16-18 20-25 26-56 26-28 29-47 48-56 57-67 CIVIL CODE

Art. 1

The title of this Code is the Civil Code. [CAP. 16. 9 Title.

BOOK FIRST OF PERSONS PRELIMINARY

Art. 1A

1A. (1) Persons may either be natural persons or legal persons.

(2)When used in any law the term "person" shall include both natural persons as well as legal persons, unless the context otherwise requires.

Persons.

Added by:

XIII.2007.2.

(3)Natural persons are regulated by Title I to Title VIII of Book First of this Code.
(4)Legal persons are regulated by the Second Schedule to this Code.
(5)Legal persons enjoy all rights and powers pertaining to natural persons except those excluded by their very nature, by their constitutive act or by an express provision of law.

Art. 1B

1B. The provisions of this Code and of any subsidiary legislation made thereunder shall also apply, in accordance with the provisions of the 1982 United Nations Convention on the Law of the Sea as ratified by the Law of the Sea (Ratification) Act, to an exclusive economic zone area or an environment protection area as defined in the Exclusive Economic Zone Act. Any artificial island, installation, structure, equipment or device therein shall, solely for the purposes of this Code and any subsidiary legislation made thereunder, be treated as if they were situated in Malta itself.

Extension of applicability to exclusive economic zone area or environment protection area.

Added by:

XXXV.2023.7.

Title I

O F THE RIGHTS AND D UTIES A RISING FROM MARRIAGE Sub-title 1 O F THE MUTUAL RIGHTS AND D UTIES OF S POUSES

Art. 2

(1)The Law promotes the unity and stability of the family.
(2)The spouses shall have equal rights and shall assume equal responsibilities during marriage. They owe each other fidelity and moral and material support.

Reciprocal duties of spouses.

Substituted by:

XXI.1993.3.

CIVIL CODE Duty to contribute towards needs of the family.

Amended by:

XLVI.1973.2.

Substituted by:

XXI.1993.3.

Art. 3

Both spouses are bound, each in proportion to his or her means and of his or her ability to work whether in the home or outside the home as the interest of the family requires, to maintain each other and to contribute towards the needs of the family.

Matrimonial home.

Added by:

XXI.1993.3.

Amended by:

IX.2004.14.

Art. 3A

3A. (1) The matrimonial home shall be established where the spouses may by their common accord determine in accordance with the need of both spouses and the overriding interest of the family itself.

(2)Where the matrimonial home is wholly or in part owned or otherwise held under any title by one of the spouses, such spouse may only alienate by title inter vivos his or her right over the matrimonial home: (a) with the consent of the other spouse; or (b) where such consent is unreasonably withheld, with the authority of the competent court; or (c) in a judicial sale by auction at the instance of any creditor of such spouse.
(3)The party who has not given his or her consent to a transfer, may bring an action for the annulment of a transfer which has not been effected in accordance with sub-article (2) of this article, within one year from the registration of the transfer.

Duty of spouse towards children.

Added by:

XXI.1993.3.

Amended by:

XIV.2011.2.

Art. 3B

3B. (1) Marriage imposes on both spouses the obligation to look after, maintain, instruct and educate the children of the marriage taking into account the abilities, natural inclinations and aspirations of the children.

(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 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.

CIVIL CODE

Art. 4

4.(1) The spouses shall, upon marriage, elect: (a) to adopt for both of them the surname of either one of the parties to the marriage; or (b) to adopt for both of them the surnames of both parties in the order of their choice; or (c) to adopt, for any one of the spouses, the surname of the other spouse, after which that spouse may add his or her surname; or (d) to retain, for any one of the spouses, his or her surname, after which that spouse may add the surname of the other spouse; or (e) retain their own surname.
(2)(a)Where one of the spouses elects any of the choices in accordance with sub-article (1)(c) or in accordance with sub-article
(1)(d), this choice shall be given only to one of the spouses. (b) The combination of the spouses’ surnames shall not result in a surname which is longer than the combination of four surnames. (c) When the surname of any one or both of the spouses already has a combination of two or more surnames, the order of the surname of that spouse shall be retained, and the spouses shall not change such order and, or drop any part of their own surname. (d) For the purposes of sub-articles (1) and (8) of this article and article 4A, "surname" shall include the surname of the spouse at birth or the surname at the time of marriage:

Provided that where one of the spouses upon marriage elects to revert to the surname at birth, the other spouse may not elect to adopt or add the surname at the time of marriage of that spouse.

(3)Without prejudice to the provisions of sub-article (1), where the spouses choose to change their surnames in accordance with sub-article (1)(a) or (1)(b), such choice shall also become the family name, which shall be included in the Act of Marriage.
(4)Without prejudice to the provisions of sub-article (1), where one of the spouses elects any of the choices in accordance with subarticle (1)(c) or sub-article (1)(d), or where the spouses choose to retain their own surname in accordance with sub-article (1)(e), the parties shall determine their family name in accordance with the provisions of sub-article (1)(a) or (1)(b), which shall be included in the Act of Marriage.
(5)Without prejudice to the provisions of article 102, the family name chosen by the parties shall be the surname which shall be adopted by any future children of the spouses. [CAP. 16. 11 Surname to be used by spouse and children of the family.

Substituted by:

XXI.1993.3.

Amended by:

XVIII.2004.3;

XIII.2007.13;

XV.2012.2;

L.N. 426 of 2012;

IX.2014.11;

XI.2015.18;

XII.2015.2;

XXIII.2017.29.

Substituted by:

LXV.2020.3.

Act No. LXII of 2020.

Act No. LXII of 2020.

CIVIL CODE

(6)The provisions of sub-article (1) and (2) shall also apply to spouses who married in Malta before the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, and if the spouses wish to change their surname in accordance with any of the paragraphs in sub-article (1), they may, within five (5) years of the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, make a request to the Director of the Public Registry to change their surname in accordance with subarticle (1) by means of Form Y contained in Part II of the First Schedule to this Code:

Provided that if the choice made is in accordance with paragraphs (a) or (b) of sub-article (1), Form Y shall be submitted to the Director of the Public Registry by means of a joint declaration by the spouses, and if a family name had already been elected, this shall also become the family name and shall also amend the surname of the children born prior to the submission of Form Y:

Provided further that if the choice made is in accordance with paragraph (c), (d) or (e) of sub-article (1), if a family name had already been elected, the spouses may by means of a joint declaration also request the Director of the Public Registry to change the family name as originally declared and to also amend the surname of the children born prior to the submission of Form Y:

Provided further that upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on those acts of civil status where the spouse making such declaration appears. Such declaration shall not affect the surname as indicated in the Act of Birth of the spouse.

(7)The declaration made by means of Form Y contained in

Part II of the First Schedule to this Code shall be irrevocable and

shall not have effect on the surname of the other spouse, unless a joint declaration is made in terms of sub-article (6).

Act No. LXII of 2020.

(8)Children born in Malta before the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, and in respect of whom a family name had not already been chosen in the Act of Marriage, may assume the surname of any of the parents, or the surname of both parents, in the order of their choice, provided that they submit Form TT contained in Part II of the First Schedule to this Code to the Director of the Public Registry. This declaration made by means of Form TT shall be irrevocable:

Provided that where the children are under the age of eighteen, the declaration made by means of Form TT shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by their tutor or curator:

Act No. LXII of 2020.

Provided further that such submission may not be made after the lapse of five (5) years after the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020:

Provided further that upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on those acts of civil status where such children appear.

CIVIL CODE [CAP. 16. 13

(9)The spouse and descendants of the person in respect of whom the Form TT had been submitted to the Director of the Public Registry, may, by not later than three (3) years following the date of submission of Form TT, also submit to the Director of the Public Registry Form UU contained in Part II of the First Schedule to this Code, wherein they declare that they wish to use the same surname of their spouse or ascendant, as the case may be, as duly annotated in the respective acts of the civil status by virtue of subarticle (8). Upon receipt of such form, the Director of the Public Registry shall make an annotation of this declaration on every act of civil status of the person in respect of whom Form UU has been submitted. This declaration made by means of Form UU shall be irrevocable:

Provided that where the descendant is under the age of eighteen (18), the declarations made by means of Form UU shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by his or her tutor or curator:

Provided further that where Form UU is submitted by the spouse, such declaration shall not affect the surname of the other spouse as indicated in the Act of Birth.

(10)The spouse of a descendant who has submitted a declaration made by means of Form UU may assume the descendant’s newly adopted surname as duly annotated, if upon marriage such spouse declares that the surname of the descendant who has submitted Form UU will be assumed.
(11)The provisions of sub-articles (8) and (9) shall also apply to any person in respect of whom Form T or Form U had been submitted to the Director of the Public Registry.
(12)A person in respect of whom a change in surname has been annotated according to this article shall report the fact to the authorised officer under the Identity Card and other Identity Documents Act, and to the Passport Officer under the Passports Ordinance who shall respectively issue a new identification document and passport that indicate the surname in accordance to the annotation written in the relative act of civil status. The expenses for the issue of the new legally valid identification document and passport shall be borne by the person who changed the surname:

Provided that where the person in respect of whom a change has been annotated according to this article is under the age of eighteen (18), such report shall be made by both parents, or by one of the parents if the other is deceased, or, if both parents are deceased, by their tutor or curator.

Transitory provisions in respect of article 4.

Act No. XXIII of 2017.

Act No. LXII of 2020.

Added by:

LXV.2020.4.

Act XXIII of 2017.

Act No. LXII of 2020.

Maintenance.

CIVIL CODE

Art. 4A

4A. (1)The children born to spouses who had applied for the publication of banns from the date of coming into force of the Marriage Act and other Laws (Amendment) Act, 2017, and before the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, shall adopt the family name as declared in the Act of Marriage.

(2)The children born to spouses who had applied for the publication of banns before the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017, and who are born after the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020, shall assume the surname of any of the parents, or the surname of both parents in the order of their choice:

Provided that if a choice has been made by the parents by means of a joint declaration in terms of article 4(6), the children shall adopt that surname.

Art. 5

5.(1) In regard to maintenance, the spouse shall have a prior right over the parents or other ascendants.
(2)Where both children and spouse claim maintenance, they shall be in a position of equality.
(3)It shall not be lawful for either of the spouses to claim maintenance from the children or other descendants or from the ascendants if such maintenance can be obtained from the other spouse.

Cessation of duty to supply maintenance.

Amended by:

XLVI.1973.4.

Substituted by:

XXI.1993.4.

Art. 6

The duty of one spouse to maintain the other shall cease if the latter, having left the matrimonial home, without reasonable cause refuses to return thereto.

Disagreement between the spouses.

Added by:

XXI.1993.4.

Amended by:

IX.2004.14.

Art. 6A

6A. (1) In case of any disagreement either spouse may apply to the competent court for its assistance and the presiding judge, after hearing the spouses and if deemed opportune any of the children above the age of fourteen years residing with the spouses, shall seek to bring about an amicable settlement of such disagreement.

(2)Where such amicable settlement is not attained and the d is a g re e m e nt r e lat e s t o the es tablish ment or change o f the matrimonial home or to other matters of fundamental importance, the presiding judge, if so requested expressly by the spouses jointly, shall determine the matter himself by providing the solution which he deems most suitable in the interest of the family and family life.
(3)No appeal shall in this case lie from the pronouncement of the presiding judge.

CIVIL CODE [CAP. 16. 15 Sub-title II O F THE M UTUAL RIGHTS AND D UTIES OF A SCENDANTS, D ESCENDANTS AND BROTHERS

Art. 7

7.(1) Parents are bound to look after, maintain, instruct and educate their children in the manner laid down in article 3B of this Code.

Amended by:

XXI.1993.5.

Duties of parents towards children.

Amended by:

XXI.1993.6.

(2)In default of the parents, or where the parents do not possess sufficient means, the liability for the maintenance and education of the children devolves on the other ascendants.

Art. 8

The children are bound to maintain their parents or other ascendants, who are indigent.

Art. 9

A spouse shall not withhold his or her moral support to the other in any obligation such other spouse may have towards his or her descendants or ascendants.

Duties of children towards parents.

Duties of spouses towards each other in the provision of maintenance.

Substituted by:

XXI.1993.7.

Art. 10

Repealed by: XXI.1993.7.

When son-in-law is not liable towards father-in-law or mother-in-law.

Art. 11

Repealed by: XXI.1993.7.

Effect of death of spouse from whom affinity derived and of children of marriage creating affinity.

Art. 12

Where, according to the foregoing provisions of this subtitle, there are more persons liable for maintenance, such persons shall be so liable in the following order:

Order of liability.

Amended by:

XXI.1993.8. (a) the children or descendants of the person claiming maintenance, in the same order in which they would according to law be vested with his or her succession; (b) the parents; (c) the other ascendants in the same order in which they would according to law be vested with the succession of the claimant.

Art. 13

13.(1) The obligation of such persons as according to the order set forth in the last preceding article are placed in the same degree of liability, shall be a joint and several obligation.
(2)The persons, however, who according to such order, are placed in a remoter degree shall have only a subsidiary liability, if those in a nearer degree are unable to discharge their obligation.
(3)Nevertheless, it shall be lawful for the court, in urgent cases, to condemn any of the persons liable for maintenance, in whatever degree, to supply maintenance, reserving to such person the right to claim reimbursement from such other persons as, a c c o r d i n g t o t h e s a i d o r d e r, w e r e b o u n d t o s u p p l y s u c h Obligation in solidum.

Obligation in subsidium.

Power of court in urgent cases.

CIVIL CODE maintenance.

Where several persons claim maintenance.

Amended by:

XXI.1993.9.

Art. 14

14.(1) Where several persons claim maintenance from a person who is unable to supply maintenance to all of them, the order set forth in article 12 shall be observed in determining the right of priority of such claimants.
(2)Nevertheless, it shall be lawful for the court to depart from the rule laid down in sub-article (1) of this article in cases of great urgency, regard being had to the health, age or other circumstances of the claimants.

Siblings.

Amended by:

LXV.2020.5.

Art. 15

15.(1) The liability for maintenance shall extend to Siblings, of the full or half-blood, only in default of other persons liable for maintenance.
(2)In any such case the liability of siblings shall be joint and several.
(3)The persons mentioned in article 12 shall, in all cases, have a prior claim over siblings, except in cases of great urgency, regard being had to health, age, or other circumstances.

Liability for maintenance by reason of consanguinity or affinity.

Amended by:

XXI.1993.10.

Art. 16

16.(1) The liability for maintenance, by reason of consanguinity, shall only exist as between the persons, and in the cases mentioned in the foregoing articles of this Sub-title.
(2)Such liability shall cease even in regard to such persons, if the claimant shall have become indigent through his fault:

Provided that this shall not apply where the claimant are the parents, or other ascendant.

When claim for reimbursement of maintenance can be made.

Amended by:

XXI.1993.11;

LXV.2020.6.

Art. 17

17.(1) Where a sibling has received maintenance, and, within ten years of the last supply thereof, becomes able to repay the amount so received, that sibling shall be bound to repay such amount to the person supplying the maintenance, provided the demand for reimbursement be made within the said time.
(2)In no other case, in the absence of an agreement to the contrary, can a claim be made for reimbursement of the amount of maintenance supplied under the provisions of this Code.

When liability for maintenance devolves upon heirs.

Art. 18

Repealed by: XXI.1993.12.

Definition of maintenance.

Amended by:

XXI.1993.13.

Art. 19

19.(1) Maintenance shall include food, clothing, health and habitation.

Amount of maintenance.

Amended by:

XIII.2004.37.

Art. 20

20.(1) Maintenance shall be due in proportion to the want of the person claiming it and the means of the person liable thereto.
(2)In regard to children and other descendants, it shall also include the expenses necessary for health and education.
(2)In examining whether the claimant can otherwise provide for his own maintenance, regard shall also be had to his ability to exercise some profession, art, or trade.

CIVIL CODE [CAP. 16. 17

(3)In estimating the means of the person bound to supply maintenance, regard shall only be had to his earnings from the exercise of any profession, art, or trade, to his salary or pension payable by the Government or any other person, and to the fruits of any movable or immovable property and any income accruing under a trust.
(4)A person who cannot implement his obligation to supply maintenance otherwise than by taking the claimant into his house, s h a l l n o t b e d e e m e d t o p o s s e s s s u ff i c i e n t m e a n s t o su p p l y maintenance, except where the claimant is an ascendant or a descendant.
(5)In estimating the means of the person claiming maintenance regard shall also be had to the value of any movable or immovable property possessed by him as well as to any beneficial interest under a trust.

Art. 21

21.(1) Where the person supplying maintenance becomes unable to continue to supply such maintenance, in whole or in part, he may demand that he be released from his obligation, or that the amount of maintenance be reduced, as the case may be.

When person supplying maintenance becomes unable to continue to do so.

(2)The same shall apply where the indigence of the person receiving maintenance shall cease, wholly or in part.

Art. 22

22.(1) Where maintenance has been furnished, no action will lie for the repayment of such part thereof as may have been furnished after the cessation of the cause for which maintenance was due.

Repayment of maintenance.

(2)Nor can the person to whom maintenance was due claim from the person liable, upon the latter becoming able to supply such maintenance, the amount thereof in respect of the time during which the person liable for maintenance did not furnish it for want of means.

Art. 23

23.(1) The person bound to supply maintenance may not, without just cause, be compelled to pay a maintenance allowance if he offers to take and maintain into his own house the person entitled to maintenance.

Maintenance in kind.

(2)Where maintenance is to be furnished out of the house of the person liable thereto, he may, on good cause being shown, supply such maintenance in kind instead of paying an allowance in money.

Art. 24

24.It shall not be lawful for any person to claim maintenance from any of the persons liable thereto by reason of consanguinity, if the claimant can, as donor, obtain maintenance from the donee, under the provisions of article 1773 of this Code.

Art. 25

25.(1) Upon a claim for maintenance, it shall be lawful for the court, pendente lite, to order the defendant to pay to the plaintiff an interim allowance in such amount as is necessary for bare subsistence, provided the defendant be evidently one of the persons who, if possessed of sufficient means, would according to law be liable to supply maintenance to the plaintiff.

Donee primarily liable for maintenance.

Amended by:

XXI.1993.14.

Maintenance pendente lite.

CIVIL CODE

(2)Where in any such case the claim for maintenance is disallowed, the defendant shall be entitled to claim, from the plaintiff himself, or from the person bound to supply maintenance, to such plaintiff, the reimbursement of any amount he may have paid, together with interest thereon.

Son not entitled to assignment from parents, in contemplation of marriage, etc.

When obligation to supply maintenance ceases.

Amended by:

XXI.1993.16.

Art. 26

Repealed by: XXI.1993.15.

Art. 27

27.(1) The obligation of any person to supply maintenance to another shall cease if the person in whose favour such obligation is established, shall contract marriage, notwithstanding the opposition of the person liable as aforesaid, provided such opposition be made on good grounds, and the demand from the release from such obligation be made by the person objecting within the time of six months following the celebration of the marriage.
(2)Such opposition shall only be operative if it is made by means of a judicial act to be served on each of the parties intending to contract the marriage, and filed in the registry of the civil court, in the island in which the person objecting, or either of the said parties, resides.

Good grounds of opposition to marriage.

Amended by:

XLVI.1973.6.

Where marriage is contracted without previous publication of banns.

Amended by:

XXI.1993.17.

Where marriage is celebrated without the rites and formalities preceding it.

Where liability for maintenance ceases in regard to husband or wife or children of person related by consanguinity.

Amended by:

XLVI.1973.7.

Art. 28

28.For the purposes of the last preceding article, the want of the necessary means of subsistence, having regard to the position of the party to whom the opposition refers, or the bad character of the other party, shall be deemed to be a good ground of opposition to the proposed marriage.

Art. 29

29.Where the marriage has been celebrated with a total or partial dispensation from the previous publication of banns, and it is not shown that the person subject to the obligation mentioned in article 27, was aware of the proposed marriage at least fifteen days prior to its celebration, it shall be lawful for such person, even in default of the opposition referred to in that article, to demand, within the time of six months following the marriage, his release from the said obligation on any of the grounds on which such opposition would have been effectual.

Art. 30

30.Repealed by: XXI.1993.18.

Art. 31

Repealed by: XXI.1993.18.

CIVIL CODE [CAP. 16. 19

Art. 32

32.Besides the ground referred to in article 27, parents or other ascendants may refuse maintenance to children or other descendants on any of the grounds on which an ascendant may disinherit a descendant.

Grounds on which parents may refuse maintenance to children.

Amended by:

XLVI.1973.8.

Substituted by:

XXI.1993.19.

Art. 33

33.It shall be lawful for any person to refuse maintenance to a brother or sister, on the ground of any grievous injury committed to his detriment or to the detriment of his or her spouse or of any other relative up to the degree of uncle or aunt, and nephew or niece, inclusively.

Where maintenance may be refused on grounds of grievous injury.

Amended by:

XXI.1993.20;

XXIII.2017.30.

Art. 34

34.Nevertheless, in none of the cases referred to in the last two preceding articles can maintenance be refused where the injury, or other ground of refusal therein mentioned, has taken place very long before the claim for maintenance is made.

Exception.

Sub-title III O F P ERSONAL S EPARATION Substituted by:

XXI.1993.21.

Art. 35

35.(1) By personal separation pronounced by a judgment, or authorised by a decree, of the competent civil court, the obligation of cohabitation of the spouses shall cease for all civil effects.

Obligation of cohabitation to cease on separation.

Amended by:

XXI.1993.22;

LXV.2020.7.

(2)Separation pronounced by any other court shall not produce any civil effects.
(3)The court shall, in the decree or judgement of personal separation, clearly indicate the progressive number of registration of the Act of Marriage and identification number of the parties, and order the Registrar of Courts to notify the personal separation of the parties to the Director of the Public Registry within the period established for this purpose by the same court, for the Director of the Public Registry to register that personal separation.

Art. 36

36.Personal separation may not take place except on the demand of one spouse against the other and on any of the grounds stated in the following articles, or by mutual consent of the spouses, as provided in article 59.

Art. 37

37.(1) All suits for personal separation shall be brought before the appropriate section of the Civil Court as may be established by regulations made by the Minister:

Provided that prior to the commencement of proceedings, a demand may be made for determining the amount of an allowance for maintenance during the pendency of the proceedings and for the issue of a decree ordering the payment of such allowance or a demand for the court to determine by decree who of the spouses, if any, shall during the pendency of the proceedings continue to reside in the matrimonial home.

How separation may be obtained.

Amended by:

XXI.1993.23.

Personal separation.

Amended by:

XXI.1993.24.

Substituted by:

XXXI.2002.210.

Amended by:

XX.2005.22;

L.N. 218 of 2012;

XIII.2018.25.

CIVIL CODE

(2)The application containing the demand referred to in the proviso to sub-article (1) shall be duly appointed for hearing by the court and shall be served on the respondent together with the notice of such hearing:

Provided that where domestic violence is involved, the said application shall be appointed within four days and the court may, of its own motion before or after hearing the parties, issue a protection order under article 412C of the Criminal Code and, or a treatment order under article 412D of the same Code and the provisions of those articles shall mutatis mutandis apply to an order issued under this article as if it were an order issued under the corresponding article of the said Code:

Provided further that for the purposes of this article and of article 39, "domestic violence" shall have the same meaning assigned to it by article 2 of the Gender Based Violence and Domestic Violence Act.

(3)The court shall summarily hear the applicant and the respondent and shall then, by decree, decide on the demand:

Provided that the court may decide on the demand where the applicant or the respondent or both the applicant and the respondent fail to appear on the day of the hearing.

(4)The decree referred to in sub-article (3) shall be an ex ecuti ve tit le deem ed t o be i nclu ded am ong st t he decre es mentioned in article 253(a) of the Code of Organization and Civil Procedure and shall be enforceable in the same manner and under the same conditions in which such acts are executed.
(5)The decree referred to in sub-article (3) shall cease to be enforceable if the action for separation is not instituted within two months of the date of the decree or within such longer period as the court may in the same or in a subsequent decree allow.
(6)The provisions of article 381 of the Code of Organization and Civil Procedure in pursuance of which a court of contentious jurisdiction may make the order therein specified shall apply, mutatis mutandis, as if the court in that sub-article were a reference to the appropriate section of the Civil Court before which the demand referred to in the proviso to sub-article (1) is made.
(7)The decree and the order mentioned in this article may be only reviewed, altered or revoked upon an application made by the party seeking such review, alteration or revocation.
(8)Subject to the provisions of article 39 of the Constitution, regulations made under this article may provide for the hearing of causes in camera.
(9)The provisions of this article shall also apply in cases relating to maintenance, access, and, or care and custody of children, even when the parents are not married.

Adultery.

Substituted by:

XXI.1993.25.

Art. 38

38.Either of the spouses may demand separation on the ground of adultery on the part of the other spouse.

CIVIL CODE

Art. 39

39.Where a law suit for personal separation has been filed by either spouse, or a law suit for access, and, or, care and custody of children has been filed, even when the parents are not married, and evidence of acts of domestic violence has been produced, the court may, either on an application of one of the parties or on its own motion in order to protect the safety of the parties involved or in the best interests of the child or children or of any other minor dependants of any of the spouses, issue a protection order under article 412C of the Criminal Code and, or a treatment order under article 412D of the same Code and the provisions of those articles shall mutatis mutandis apply to an order issued under this article as if it were an order issued under the corresponding article of the said Code.

Art. 40

40.Either of the spouses may demand separation on the grounds of excesses, cruelty, threats or grievous injury on the part of the other against the plaintiff, or against any of his or her children, or on the ground that the spouses cannot reasonably be expected to live together as the marriage has irretrievably broken down: [CAP. 16. 21 Protection and Treatment Orders in lawsuit for personal separation.

Added by:

XX.2005.23.

Amended by:

XIII.2018.25.

Excesses, cruelty, etc.

Substituted by:

XXX.1981.2.

Amended by:

XXV.2021.3.

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.

Art. 41

41.Either of the spouses may also demand separation if, for two years or more, he or she shall have been deserted by the other, without good grounds.

Art. 42

42.(1) The action for separation shall be extinguished by the reconciliation of the spouses.

Desertion.

Substituted by:

XXI.1993.26.

Reconciliation.

Amended by:

XXI.1993.27.

(2)Nevertheless, where a fresh ground for separation arises, the plaintiff may in support of his demand also allege the previous grounds.

Art. 43

43.The death of either of the spouses shall, except in the case in which the judgment of separation may produce the effects referred to in articles 48 to 52 inclusively, extinguish the action of separation, even though such death takes place after the demand.

Art. 44

44.The existence of grounds on which both spouses may demand separation shall not operate so as to bar either of them from bringing a suit for separation against the other.

Death of either of the spouses.

Art. 45

45.Nevertheless, where it appears that the defendant also had grounds on which he or she might have demanded separation, the court may take such grounds into consideration for the purposes of the provisions contained in article 52.

Art. 46

46.During the pendency of the action for separation, either spouse, whether plaintiff or defendant, may leave the matrimonial home and may, whether or not he or she has left the matrimonial home demand that the court shall determine who of the spouses if any shall reside in the matrimonial home during the pendency of such action.

Discretion of court where defendant also might have demanded separation.

Grounds on which both spouses may demand separation not to bar action by either of them.

Matrimonial home pendente lite.

Amended by:

XLVI.1973.9.

Substituted by:

XXI.1993.28.

Maintenance pendente lite.

Added by:

XXI.1993.28.

Care of children.

Substituted by:

XLVI.1973.10;

XXI.1993.28.

Amended by:

XIII.2018.25.

Consequences for spouse giving cause to separation.

Amended by:

XXI.1993.29.

CIVIL CODE

Art. 46A

46A. During the pendency of the action for separation, either spouse, whether plaintiff or defendant, may demand from the other spouse a maintenance allowance in proportion to his or her needs and the means of the other spouse, and taking into account also all other circumstances of the spouses.

Art. 47

47.During the pendency of the action the court shall give such directions concerning the custody of the children as it may deem appropriate, and in so doing the paramount consideration shall be the welfare of the children:

Provided that in cases where there is evidence of domestic violence, the Court may limit or deny access to the children if such access would put the children or the other parent at risk.

Art. 48

48.(1) The spouse who shall have given cause to the separation on any of the grounds referred to in articles 38 and 41, shall forfeit (a) the rights established in articles 631, 633, 825, 826 and 827 of this Code; (b) the things which he or she may have acquired from the other spouse by a donation in contemplation of marriage, or during marriage, or under any other gratuitous title; (c) any right which he or she may have to one moiety of the acquests which may have been made by the industry chiefly of the other spouse after a date to be established by the court as corresponding to the date when the spouse is to be considered as having given sufficient cause to the separation. For the purposes of this paragraph in order to determine whether an acquest has been made by the industry chiefly of one party, regard shall be had to the contributions in any form of both spouses in accordance with article 3 of this Code; (d) the right to compel, under any circumstances, the other spouse to supply maintenance to him or her in virtue of the obligation arising from marriage.
(2)The things mentioned in paragraph (b) of sub-article (1) of this article shall revert to the other spouse, and the acquests mentioned in paragraph (c) of the said sub-article shall remain entirely in favour of such spouse, saving any right which the children or other third parties may have acquired thereon prior to the registration of the judgment of separation in the Public Registry.

Where wife gives cause to separation.

Amended by:

XLVI.1973.11.

Art. 49

Repealed by: XXI.1993.30.

CIVIL CODE

Art. 50

Repealed by: XXI.1993.30.

Art. 51

51.Where separation is granted on any of the grounds m e n t i o n e d i n ar t i c l e 4 0 , i t m a y p r o d u c e a n y o f t h e e ff e c t s mentioned in article 48, if the court, having regard to the circumstances of the case, deems it proper to apply the provisions of that article, in whole or in part.

Art. 52

52.It shall also be in the discretion of the court to determine, according to circumstances, whether the provisions of article 48 shall be applied, wholly or in part, in regard to both spouses or to one of them, or whether they shall not be applied at all in regard to either of them, if both spouses shall have been guilty of acts constituting good grounds for separation.

Art. 53

53.The spouse who has obtained separation shall retain every right or benefit which he or she may have acquired from the other spouse, even though such right or benefit may have been granted to him or her on condition of reciprocity, and such reciprocity does not take place.

Art. 54

54.(1) The spouse against whom the separation is pronounced shall not, as a result of such separation, be relieved from the obligation of supplying maintenance to the other spouse, where, according to the provisions of Sub-title I of this Title, such maintenance is due. [CAP. 16. 23 Where husband gives cause to separation.

Amended by:

LVIII.1975.2.

Power of court in certain cases.

Amended by:

XXI.1993.31.

Discretion of court in certain cases.

Amended by:

XXI.1993.31.

Preservation of rights or benefits by spouse obtaining separation.

Obligation for maintenance.

Substituted by:

XXI.1993.32.

Amended by:

XIV.2011.3;

VI.2023.2.

(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:

CIVIL CODE 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; (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.

(3)The provisions of article 381(2) of the Code of Organization 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.
(5)Notwithstanding any other provision of this Code, on separation being pronounced, the court may if it deems it appropriate in the circumstances, order the spouse liable to supply maintenance to pay to the other spouse, in lieu of the whole or part of such maintenance, a lump sum, which the court deems sufficient in order to make the spouse to whom maintenance is due financially independent or less dependent of the other spouse, as the case may be:

Provided that for the purposes of this sub-article, the court may also order the Director General of Social Security to transfer a portion of social security contributions of the spouse liable to supply maintenance to the spouse to whom maintenance is due, which portion of contributions so being transferred, when adding also the contributions which the party who is receiving said transfer had paid in the said party’s own name during marriage, shall not exceed in total thereof one-half of the total contributions paid by the two (2) parties together during their marriage.

(6)For the purposes of sub-article (5), the court shall, among the circumstances, consider the possibility of the person to whom maintenance is due, of receiving training or retraining in a profession, art, trade or other activity or to commence or continue an activity which generates an income, and order the lump sum for that purpose.
(7)The court may direct, according to circumstances, that the payment of a lump sum referred to in the previous sub-articles of this article, be made by equal or unequal instalments spread over a reasonable period of time.
(8)The court may also direct that in lieu of all or part of the lump sum referred to in sub-article (5), the spouse liable thereto shall assign to the other spouse property in ownership or in usufruct, use or habitation.

CIVIL CODE [CAP. 16. 25

(9)Where there is a supervening change in the means of the spouse liable to supply maintenance or the needs of the other spouse, the court may, on the demand of either spouse, order that such maintenance be varied or stopped as the case may be. Where however, a lump sum or an assignment of property has been paid or made in total satisfaction of the obligation of a spouse to supply maintenance to the other spouse, all liability of the former to supply maintenance to the latter shall cease. Where instead, the lump sum or assignment of property has been paid or made only in partial satisfaction of the said obligation, the court shall, when ordering such lump sum payment or assignment of property, determine at the same time the portion of the maintenance satisfied thereby and any supervening change shall in that case be only in respect of the part not so satisfied and in the same proportion thereto.

Art. 55

55.(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 p art y sh all hav e a r ig ht of ap peal, w it hou t requ iring permission from the court for 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.
(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.
(7)The court may however where in its opinion circumstances so warrant direct that an asset or assets comprised in the community be not partitioned before the lapse of such period after the cessation of the community as it may in its direction determine.

Cessation of community of acquests and community of residue under separate administration.

Substituted by:

XXI.1993.32.

Amended by:

XIV.2011.4.

CIVIL CODE

(8)Any direction given by the court in virtue of sub-article (7), may on good cause being shown, be changed or revoked by the court.

Matrimonial home.

Added by:

XXI.1993.32.

Amended by:

XIV.2011.5.

Art. 55A

55A. (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 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 sub-article (1)(a), where there is a substantial change in circumstances.
(3)The provisions of article 3A(2) shall not apply in the case of spouses who are legally separated, unless the contrary is not agreed to between the spouses or is ordered by the court having jurisdiction to pronounce the personal separation; and such agreement or order shall only be effective in regard to third parties as from the date when the deed or order is registered in the Public Registry.

Custody of the children after separation.

Substituted by:

XXI.1993.32.

Amended by:

XIV.2011.6.

Art. 56

56.(1) On separation being pronounced the court shall also direct to which of the spouses custody of the children shall be entrusted, the paramount consideration being the welfare of the children.
(2)It shall be lawful for the court, if it considers such measures to be strictly necessary, having regard to all relevant circumstances, to direct that the children be placed in the custody of persons in loco parentis, of third parties, or in alternative forms of care.

CIVIL CODE [CAP. 16. 27

(3)It shall be lawful for the court to give any such directions in the judgment of separation, although in the action relating thereto no demand has been made respecting the custody of the children.
(4)The court may, at any time, revoke or vary such directions respecting the children, where the interests of the children so require.
(5)The court may moreover where circumstances so require, determine that one or both of the parents shall be deprived wholly or in part of the rights of parental authority.

Art. 56A

56A. The Court may, for grave reasons, at any time during the cause for separation, and or, divorce, or when the parties are separated and, or divorced, upon the demand of one of the parties, or of its own motion 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:

Provided that evidence of domestic violence shall constitute a grave reason for the purposes of this article.

Art. 57

57.(1) Whosoever may be the person to whom the minor children are entrusted, the spouses shall maintain their right to watch over their maintenance and education, and shall still be bound to contribute thereto, according to law:

Provided that this right may be suspended if the exercise thereof would put either the children or the other parent at a risk of harm.

Exclusion of custody.

Added by:

XIV.2011.7.

Substituted by:

XIII.2018.25.

Right of spouses to watch over maintenance of children.

Amended by:

XXI.1993.33;

XIV.2011.8.

XIII.2018.25.

(2)It shall be in the discretion of the court, according to circumstances, to fix the time, place, and manner in which the spouses shall have access to the children:

Provided that the right of access may be withdrawn by the Court when the spouse who is granted such right of access fails to exercise such right without reasonable cause.

(3)It shall be lawful for the court entirely to forbid such access to their minor children if it may be detrimental to the welfare of such minors or to the welfare of anyone of the parents.

Art. 58

58.(1) The court may, where it shall deem it expedient so to do in the interest of the spouses and the children, order the suspension of the action of separation for such time as it may deem proper, and give such interim directions as circumstances may require.
(2)The decree ordering the suspension of the action, or giving such interim directions, shall be subject to appeal.

Power of court to suspend action of separation.

Separation by mutual consent.

Amended by:

XXI.1993.34.

Substituted by:

VIII.2007.3.

CIVIL CODE

Art. 59

59.(1) Personal separation may, subject to the authority of the court by means of a decree in accordance with article 35, be effected by mutual consent of the spouses, by means of a public deed.
(2)The court shall, before giving its authority, admonish the parties as to the consequences of the separation, shall endeavour to reconcile them, and may revoke, modify or add those conditions it may deem fit.
(3)This decree shall have the same effect of the judgment given by the competent court.

Directions as to the custody of the children.

Amended by:

XXX.3.

Renunciation of inheritance.

Agreement between spouses respecting the custody of the children.

Amended by:

XLVI.1973.13.

Art. 60

60.(1) The court, on authorizing the separation, shall in the decree give its directions as to the person in whose custody the children are to be placed.
(2)It shall be lawful for the court at any time to revoke or vary such directions, for the better welfare of the children.
(3)Notwithstanding the provisions of any other law, it shall be lawful for either of the spouses to renounce in a public deed of separation to the succession of the other spouse.

Art. 61

61.(1) Any agreement between the spouses respecting the custody of the children may at any time, on the demand of either of the spouses, or of any relative of either of the spouses, be annulled by the competent court, where the interests of the children so require.
(2)In any such case, the court shall give the necessary directions as to the person in whose custody the children are to be placed, and as to the mode of their maintenance and education.

Surname of spouse after separation.

Substituted by:

XXI.1993.35.

Amended by:

XV.2012.3;

XXIII.2017.31;

Substituted by:

LXV.2020.8.

Effects of separation in regard to third parties.

Added by:

XXI.1993.35.

Amended by:

XXIII.2017.32.

Parties may put an end to separation.

Art. 62

62.(1) Notwithstanding the provisions of article 4, the spouses may, on separation, choose to revert to their surname at birth or to the surname at the time of their marriage.
(2)In the case of a consensual separation, a declaration of such choice shall be made in the public deed of separation, and in the case of a judicial separation, by a note filed in the records of the case before final judgment.
(3)The court may, at the request of one of the spouses, which may be made at any time before judgment, prohibit the other s p o u s e f r o m c o n t i n u i n g t o u s e t h e f o r m e r ’s s u r n a m e a f t e r separation, where such use may cause grave prejudice to the spouse requesting the prohibition.

Art. 62A

62A. Personal separation shall only be operative in regard to third parties from the day on which the judgment or the public deed, as the case may be, shall have been registered in the Public Registry. Any such registration shall include a reference to any declaration or prohibition with regard to the surname of the spouses after the judgment.

Art. 63

63.The spouses separated whether by a judgment or by mutual consent may at any time reunite, and thus put an end to the effects of separation, wholly or in part, saving any right which third parties CIVIL CODE may have acquired.

Art. 64

64.(1) Voluntary cohabitation shall operate as a reunion, and shall restore the obligations of cohabitation and of maintenance arising from marriage. [CAP. 16. 29 Voluntary cohabitation to operate as a reunion.

Amended by:

XXI.1993.36.

(2)Any other effect of the separation, however, shall not cease except in virtue of a public deed.

Other effects of separation may cease by public deed.

Art. 65

65.Any such deed may take place even after the spouses shall have returned to cohabitation, but, in any such case, the deed shall be void if it is not made with the authority of the court.

Art. 66

66.In all cases, the effects of the separation shall not cease in regard to third parties, except from the day on which the deed is registered in the Public Registry.

Deed may take place after return to cohabitation.

Sub-title IV When effects of separation cease in regard to third parties.

Added by:

XIV.2011.9.

OF DIVORCE

Art. 66A

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.

Divorce.

Added by:

XIV.2011.9.

Amended by:

LXV.2020.9.

(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, 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, clearly indicate the progressive number of registration of the Act of Marriage and identification number of the parties, and 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) upon a demand made jointly by the two spouses, on the Conditions required for divorce.

Added by:

XIV.2011.9.

Amended by:

XXV.2021.4.

CIVIL CODE 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) on the date of commencement of the divorce proceedings, the spouses are separated by means of a contract or court judgment; and (c) there is no reasonable prospect of reconciliation between the spouses; and (d) 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:

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:

Pronouncement of divorce.

Added by:

XIV.2011.9.

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.

Art. 66C

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. *Article 12 of Act XIV of 2011: "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 than 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.". Repealed by Act XXV of 2021.

CIVIL CODE

Art. 66D

66D. (1) Without prejudice to the other provisions of this SubTitle, 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 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 d i ff i c u l t f o r t h e s a i d o t h e r p a r t y t o o b t a i n t h e p a y m e n t o f maintenance. The court shall not grant the demand for divorce where any of the said defences are shown to be valid. [CAP. 16. 31 Divorce granted upon the application of one of the spouses.

Added by:

XIV.2011.9.

Amended by:

XXV.2021.5.

(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 SubTitle 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.

Art. 66E

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.

Art. 66F

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 Consequences of fault of spouse.

Added by:

XIV.2011.9.

Conversion of separation proceedings into divorce proceedings.

Added by:

XIV.2011.9.

CIVIL CODE 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 subarticle (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.

Duties of applicant’s advocate.

Added by:

XIV.2011.9.

Amended by:

XXV.2021.6.

Art. 66G

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 proceedings shall: for the commencement of divorce (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:

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:

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.

CIVIL CODE [CAP. 16. 33

Art. 66H

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.

Duties of respondent’s advocate.

Added by:

XIV.2011.9.

(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.

Art. 66I

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) 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:

Powers of the court.

Added by:

XIV.2011.9.

CIVIL CODE 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.

(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 c h i l d r e n , f r o m t h e o t h e r p a r t y, o r d e r t h a t t h e p a y m e n t o f 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.

Powers of the Minister.

Added by:

XIV.2011.9.

Art. 66J

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.

Inadmissible evidence.

Added by:

XIV.2011.9.

Effects of dissolution of marriage.

Added by:

XIV.2011.9.

Art. 66K

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.

Art. 66L

66L. (1) When the competent civil court pronounces a divorce between the spouses, they shall have the right to remarry.

(2)The pronouncement 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 CIVIL CODE [CAP. 16. 35 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), subarticles (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.

Art. 66M

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:

The effects of remarriage.

Added by:

XIV.2011.9.

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.

Art. 66N

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.

(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.* Jurisdiction of the court regarding divorce.

Added by:

XIV.2011.9.

CIVIL CODE

Title II

O F FILIATION Sub-title I O F THE F ILIATION OF CHILDREN CONCEIVED OR BORN IN W EDLOCK Child born in wedlock.

Amended by:

XXIII.2017.33.

Art. 67

67.A child conceived in wedlock is held to be the child of the spouses.

Presumption of conception during wedlock.

Art. 68

68.A child born not before one hundred and eighty days from the celebration of the marriage, nor after three hundred days from the dissolution or annulment of the marriage, shall be deemed to have been conceived in wedlock.

Art. 69

69.The spouse who has not given birth cannot repudiate a child born before the lapse of one hundred and eighty days after the marriage in any of the following cases:

When spouse may not repudiate child.

Substituted by:

XXIII.2017.34. (a) if, before the marriage, such spouse was aware of the pregnancy; (b) if such spouse has made the declaration required for the drawing up of the act of birth, acknowledging oneself to be the parent of the child; (c) if the child be declared not viable. *Article 11 of Act XIV of 2011: "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, 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 30 th 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.".

CIVIL CODE

Art. 70

(1)Any spouse, except for the spouse who gave birth to the child, may bring an action to repudiate a child born in wedlock: (a) if such spouse proves that during the time from the three hundredth day to the one-hundred-and-eightieth day before the birth of the child, such spouse was in the physical impossibility of cohabiting with the spouse who gave birth on account of being away from the said spouse, or some other accident; or (b) if such spouse proves that during the said time such spouse was de facto or legally separated from the spouse who gave birth:

Provided that such spouse may not repudiate the child if there has been, during that time, a reunion, even if temporary between the spouses; or (c) if such spouse proves that during the said time such spouse was afflicted by impotency, even if such impotency was only an impotency to generate; or (d) if such spouse proves that during the said time the spouse who gave birth had committed adultery or that, that spouse had concealed the pregnancy and the birth of the child; or (e) if such spouse produces evidence of any other fact which may also be genetic and scientific tests and data that tends to exclude such parenthood.

(2)The declaration of the spouse who gave birth to the effect that the other spouse is not the natural parent of the child shall be given consideration in an action regarding the exclusion of the other spouse as parent.
(3)When the action referred to in the sub-article (1) is brought, the Civil Court (Family Section) may require any of the spouses, the child, and the alleged natural parent, as appropriate, to consent to a genetic test of parentage, and to acquiesce to the taking of a genetic sample appropriate for the test, which sample must be taken according to the current provisions of the law:

Provided that where the said consent is not given by the parties, the Civil Court (Family Section) must substitute that consent that has not been given and order acquiescence in the taking of a sample.

(4)In the absence of genetic and scientific evidence, the Civil Court (Family Section) may consider any other evidence presented which it deems to be relevant, including the drawing of inferences from the fact that a person did not provide a genetic sample, despite being ordered to do so.
(5)The Civil Court (Family Section) shall dismiss the application if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the [CAP. 16. 37 When spouse may repudiate child.

Substituted by:

XXI.1993.37.

Amended by:

VIII.2007.4;

XXIII.2010.2;

XV.2012.4;

Substituted by:

XXIII.2017.35.

CIVIL CODE minor child, which would be unreasonable for the child, even taking into account the concerns of the person entitled to bring the action.

(6)A person who has consented to a genetic test of parentage and has given a genetic sample may require the person entitled to bring the action who has had a parentage test made, to permit inspection of the genetic test of parentage report or to provide a copy. The Civil Court (Family Section) shall decide disputes arising from the claim under subarticle (1).

Natural parentage.

Added by:

XV.2012.5.

Substituted by:

XXIII.2017.36.

(7)The action mentioned in this article shall be decided by virtue of a decree, which decree may be appealed according to the procedure contemplated in article 229(2) of the Code of Organization and Civil Procedure.
(8)Without prejudice to the provisions of the second proviso of article 73, if in its judgment the Civil Court (Family Section) declares that the spouse is not the natural parent of the child, it shall have effect to change the child’s surname and that of his descendants to reflect the surname of the other spouse only, unless the Court, having regard to all the relevant circumstances, provides otherwise in its judgment.

Art. 70A

70A. (1) Whenever the clarification of natural parentage of a child is required: (a) the spouse may require the spouse who gave birth and the child; (b) the spouse who gave birth may require the spouse and the child; (c) the child may require both parents; and (d) the alleged natural parent may require both spouses and the child, to consent to a genetic test of parentage and to acquiesce to the taking of a genetic sample appropriate for the test, which sample must then be taken according to the then current provisions of the law.

(2)On the application, mentioned in sub-article (1), of a person entitled to clarify, the Civil Court (Family Section) may require any of the spouses, the child, and the alleged natural parent, as appropriate, to consent to a genetic test of parentage, and to acquiesce to the taking of a genetic sample appropriate for the test, which sample must be taken according to the current provisions of the law:

Provided that where the said consent is not given by the parties, the Civil Court (Family Section) must substitute that consent that has not been given and order acquiescence in the taking of a sample.

(3)In the absence of genetic and scientific evidence, the Civil Court (Family Section) may consider any other evidence presented which it deems to be relevant, including the drawing of inferences CIVIL CODE [CAP. 16. 39 from the fact that a person did not provide a genetic sample, despite being ordered to do so.
(4)The Civil Court (Family Section) shall dismiss the application if and as long as the clarification of the natural parentage would result in a considerable adverse effect on the best interests of the minor child, which would be unreasonable for the child, even taking into account the concerns of the person entitled to bring the action.
(5)A person who has consented to a genetic test of parentage and has given a genetic sample may require the person entitled to bring the action who has had a parentage test made, to permit inspection of the genetic test of parentage report or to provide a copy. The Civil Court (Family Section) shall decide disputes arising from the claim under sub-article (1).
(6)The action mentioned in sub-article (1) shall be decided by virtue of a decree, which decree may be appealed according to the procedure contemplated in article 229(2) of the Code of Organization and Civil Procedure.

Art. 71

71.Repealed by: XXI.1993.37.

Art. 72

72.Repealed by: XXI.1993.37.

Art. 73

73.Where it is competent for the spouses to bring an action to disown a child, they must bring such action: (a) within 6 months from the day of birth, if the spouse was then in Malta; (b) within 6 months of his return to Malta, if the spouse was absent at the time of the birth; (c) within 6 months of the discovery of the fraud, if the birth was concealed:

Provided that, without prejudice to the provisions of article 70(4), the Family Court may, upon an application of any one of the spouses and, if possible, after having heard all the parties interested, and after having considered the rights of the applicant and of the child, at any time authorise the applicant to institute an action to disown a child born in wedlock to the other spouse:

Provided further that where an action to disown a child is instituted by one of the spouses after the lapse of the periods stipulated in paragraphs (a), (b) or (c) in accordance with the first proviso to this article, any judgment whereby the child is disowned shall not have the effect of changing the surname of the child or of any other person who took his surname from the child unless the court, upon the demand of any of the parties made either in the sworn application whereby the action is commenced or in a separate application made during the action, provides otherwise.

Impotency.

Adultery.

Time within which to bring action for disavowal of child.

Amended by:

XXI.1993.38;

III.2008.3.

Substituted by:

XXIII.2017.37.

Where any of the spouses dies before bringing action for disavowal.

Amended by:

XXI.1993.39 III.2008.4;

XXIII.2017.38;

LXV.2020.10.

Against whom action is directed.

Amended by:

XXIII.2017.39.

CIVIL CODE

Art. 74

74.Where any one of the spouses dies without having brought the action for disavowal, but before the expiration of the time provided in article 73(a), (b) or (c), the heirs may bring such action within six months to be reckoned from the day on which the property of the deceased shall have passed into the hands of the child, or from the day on which the heirs shall have been by the child disturbed in the possession of such property.

Art. 75

75.(1) The action for disavowal shall be directed (a) against the child if he is of age; or (b) if the child is a minor or under any disability to be sued, against a curator appointed by the court before which the action is brought:

Provided that the court may depute the tutor already appointed to the child.

(2)suit.

In all cases, the other spouse shall be made a party to the Child born after the three-hundredth day of dissolution of marriage.

Amended by:

XVIII.2004.4.

Art. 76

76.The filiation of a child born three hundred days after the dissolution or annulment of the marriage may be impeached by any person interested.

Husband’s physical impossibility of cohabitation.

Amended by:

XXI.1993.40;

XVIII.2004.4.| Substituted by:

XXIII.2010.3.

Art. 77

77.Without prejudice to the provisions of article 81, the filiation of a child born in wedlock may also be impeached by any person interested: (a) if he proves that, during the time from the threehundredth day to the one-hundred-and-eightieth day before the birth of the child, the husband was in the physical impossibility of cohabiting with his wife on account of his being away from her or some other accident; or (b) if he proves that, during the said time, the wife had committed adultery, and furthermore produces evidence of any other fact which may also be genetic and scientific tests and data that tends to exclude the husband as the natural father of the child.

Application for declaration of parenthood.

Added by:

XXIII.2010.4.

Substituted by:

XXIII.2017.40.

Art. 77A

77A. Without prejudice to the provisions of article 81, any person claiming to be the natural parent of a child born in wedlock, or that person’s heirs if the person was deceased before the child is born, may proceed by sworn application before the competent court against the spouses and child, or their respective heirs if anyone of them is deceased, in order to be declared as the natural parent of the child, and only if that person produces evidence that during the time from the three-hundredth day to the one-hundred-and-eightieth day before the birth of the child, the spouse who gave birth had committed adultery with that person and furthermore produces evidence of any other fact which may also be genetic and scientific tests and data that tends to exclude one of the spouses as the natural parent of the child.

CIVIL CODE

Art. 77B

77B. A judicial demand for a declaration of parenthood as mentioned in the previous article may also be exercised by the parent who gave birth by sworn application before the competent court against the other spouse, the natural parent and the child born in wedlock, provided that the applicant produces evidence that during the time from the threehundredth day to the one-hundred-and-eightieth day before the birth of the child that parent had committed adultery with the person who the said parent is demanding to be declared as the natural parent and furthermore produces evidence of any other fact which may also be genetic and scientific tests and data that tends to indicate that person as the natural parent of the child.

Art. 77C

77C. In the cases referred to in articles 77, 77A and 77B the person claiming to be the natural parent of the child born in wedlock, or the spouse who gave birth as the case may be, may proceed with the action for the declaration of parenthood if their sworn application is filed within six months from the birth of the child: [CAP. 16. 41 Demand may also be exercised by spouse who gave birth.

Added by:

XXIII.2010.4.

Substituted by:

XXIII.2017.41.

Sworn application filed within six months from the birth of the child.

Added by:

XXIII.2010.4.

Substituted by:

XXIII.2017.42.

Provided that the Civil Court (Family Section) may, after the sworn application of the person claiming to be the natural parent of the child born in wedlock or the spouse who gave birth and, if possible after having heard all the parties interested, and after having considered the rights of the plaintiff and the child, at any time authorise the person claiming to be the natural parent of the child born in wedlock, or the spouse who gave birth to institute an action for the declaration of parenthood as mentioned in articles 77A and 77B:

Provided further that, when the filiation of a person has been declared by the court, any person who in consequence of such declaration is to assume a surname other than the surname used by such person before such declaration, or his legitimate representative, may request the competent court by application against the Director of the Public Registry to be allowed to continue to use such other surname, and the court if it is satisfied that third parties will not be prejudiced thereby and, where the application has been done on behalf of the minor, that such use shall be in the best interest of the minor, shall accede to such request and order the Director to make an annotation of its decision on the relevant act of birth of the person whose filiation has been so declared.

Art. 77D

77D. In actions which are referred to in articles 77, 77A, 77B and 77C, the court may invite the parties to submit to examinations as referred to in article 70A.

Examinations as referred to in article 70A.

Added by:

XXIII.2010.4.

Amended by:

XV.2012.6.

Sub-title II O F THE P ROOF OF FILIATION OF C HILDREN CONCEIVED OR BORN IN WEDLOCK Substituted by:

XVIII.2004.5.

CIVIL CODE Registration of birth.

Amended by:

XVIII.2004.6.

Art. 78

78.(1) The filiation of children conceived or born in wedlock is proved by the act of birth registered in the Public Registry.

Possession of status of child conceived or born in wedlock.

Amended by:

XVIII.2004.7.

Art. 79

79.In default of evidence as provided in the last preceding article, the continued possession of the status of a child conceived or born in wedlock shall be sufficient.

Possession of status to be proved by series of facts.

Amended by:

XXIII.2017.43.

Art. 80

80.(1) Such possession shall be established by a series of facts which, collectively, go to show the connection of filiation and relationship between an individual and the family to which he claims to belong.

(2)

(2)It may also be proved by the parochial registers.

Such facts are chiefly the following: (a) in the case of spouses who have contracted marriage before the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017 * that the individual has always borne the surname of the father of whom he claims to be the child; (b) in the case of children born to spouses who have contracted marriage after the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017, that the individual has always borne the Family Name of the spouses of whom he claims to be the child; (c) that the parents have treated the child as their own, and have, as such, provided for the child's maintenance, education, and establishment in life; (d) that he has been constantly acknowledged as such in society; (e) that he has been acknowledged as such by the family.

No person can claim a status contrary to that attributed to him by the act of birth.

Amended by:

XVIII.2004.7.

Art. 81

81.(1) No person may claim a status contrary to that which is attributed to him by the act of birth as a child conceived or born in wedlock and the possession of a status in conformity therewith.

Where act of birth and possession of status are wanting.

Art. 82

82.In default of the act of birth and the possession of status, or if the child shall have been registered under a false name, or as being born of parents uncertain, or in case of supposition or substitution of a child, although in these last two cases, there exists an act of birth in conformity with the status possessed by the child, the proof of filiation may be made by any other evidence admissible according to law.
(2)Likewise, it shall not be lawful to contest the status of a child conceived or born in wedlock in respect of a person who possesses a status in conformity with his act of birth. *The provisions of Act XXIII of 2017 came into force on the 1st of September, 2017. See Legal Notice 212 of 2017.

CIVIL CODE [CAP. 16. 43

Art. 83

83.Proof to the contrary may be made by evidence tending to show that the claimant is not the child of the person that he alleges has given birth to him, or, where this is proved, that he is not the child of the other spouse.

Art. 84

84.No prescription shall run for an action for a child to establish his proper filiation.

Evidence to the contrary.

Amended by:

XXIII.2017.44.

Art. 85

85.(1) Nevertheless, where the child failed to bring such action, it may not be brought by his heirs or descendants, unless he died in the period of nonage, or within five years after attaining his majority.

When action may be brought by heirs of child.

Action not barred by prescription.

Amended by:

XVIII.2004.7.

Substituted by:

XV.2012.7.

(2)Where the child has brought the action and dies during its pendency, his heirs or descendants may continue the proceedings.

Sub-title III O F THE FILIATION OF CHILDREN CONCEIVED AND BORN OUT OF WEDLOCK AND OF THE PRESUMPTION THAT A PERSON WAS CONCEIVED OR BORN IN WEDLOCK Substituted by:

XVIII.2004.8. § I. O F THE FILIATION OF C HILDREN CONCEIVED AND BORN OUT OF WEDLOCK

Art. 86

86.(1) A child conceived or born out of wedlock may be acknowledged by the parents, either jointly or separately:

Provided that the acknowledgement of a child born out of wedlock by a person claiming to be the parent who did not give birth, made separately from the parent who gave birth, shall not have effect and shall not be registered unless the latter, or the latter’s heirs in the case of death, and the child himself if he is of age, shall have been served with a judicial letter by any person interested stating that such person intends to apply for the registration of such acknowledgement, and the parent who gave birth or the heirs, as the case may be, and the child, shall not have within a period of two months from such service, by a note filed in the acts of the said judicial letter, agreed to such registration, in which case the said judicial letter and agreement note showing agreement shall be served upon the Director of the Public Registry who shall register the said acknowledgement in the relative acts of civil status:

Provided further that where the parent who gave birth, or the child, where he is of age, does not as aforesaid agree to such registration, any person interested may proceed by application before the competent court against the person or persons who shall not have so agreed, for the court to declare that the person making the acknowledgement is the parent who did not give birth, and to order the registration of such acknowledgement in the relative acts of civil Acknowledgement of children conceived or born out of wedlock.

Amended by:

XVIII.2004.9;

Substituted by:

LXV.2020.11.

Amended by:

XXVIII.2024.2.

CIVIL CODE status.

Judicial demand.

Added by:

XV.2012.8.

Amended by:

LXV.2020.12.

(2)Where both parents, or the heirs of the parent who gave birth, where that parent who gave birth is dead, agree to change the surname indicated in the act of birth at the point of registration, a reference to such agreement shall be made in the judicial letter and relative note as mentioned in sub-article (1), provided that such surname is permissible in terms of article 92(1).

Art. 86A

86A. (1) The parent who gave birth to a child conceived or born out of wedlock who is not acknowledged by the parent who did not give birth, and that same child, may at all times make a judicial demand in order that there may be established the parent who did not give birth and for the court to order the registration of the parent who did not give birth in the relative acts of civil status.

(2)The judicial demand referred to in sub-article (1) may also be sought by the heirs or the descendants of the child if the same circumstances as those which are referred to in article 85 will exist.

How made.

Amended by:

XVIII.2004.10;

LXV.2020.13.

Art. 87

87.(1) The acknowledgment of a child conceived and born out of wedlock may be made in the act of birth, or by any other public deed either before or after the birth.
(2)Any declaration of parenthood made otherwise by either of the parents, or by both, or by a minor, can only be admitted as evidence of filiation in an affiliation suit.

Effects.

A child conceived and born out of wedlock of a spouse, born before or during a marriage.

Amended by:

XLVI.1973.15.

Substituted by:

XVIII.2004.11.

Parental authority over a child conceived and born out of wedlock.

Substituted by:

XLVI.1973.16.

Amended by:

XXI.1993.2, 41;

XVIII.2004.12.

XIII.2018.25.

Art. 88

88.An acknowledgment shall only operate in regard to the parent making it, and it shall not confer on the child so acknowledged any right against the other parent.

Art. 89

89.A child conceived and born out of wedlock born to a spouse before or during marriage, and acknowledged during a marriage may not be brought into the matrimonial home, except with the consent of the other spouse, unless such other spouse has already given his or her consent to the acknowledgement.

Art. 90

90.(1) The parent who has acknowledged a child conceived and born out of wedlock shall have in regard to him all the rights of parental authority other than the legal usufruct.
(2)If the interests of the child so require, the court may order that only one of the parents shall exercise the rights of parental authority;
(3)The Court may also restrict the exercise of the aforementioned rights and, in serious cases, exclude both parents from the exercise of these rights.
(4)The Court may also restrict the exercise of the aforementioned rights where one or both of the parents are convicted with one or more of the offences listed in Title VII of Part II of Book First of the Criminal Code.

CIVIL CODE [CAP. 16. 45

Art. 91

91.In default of parental authority, the appointment of a tutor to a child conceived and born out of wedlock shall be made by such court as may be prescribed by or under any law in force from time to time.

Appointment of tutor by court.

Amended by:

XLVI.1973.18;

XXI.1993.2;

III.2004.116;

XVIII.2004.13.

Art. 92

92.(1) If a child conceived and born out of wedlock has been acknowledged by the parent who did not give birth, that child shall assume the surname of any of the parents, or the surname of both parents, in the order they choose.

Surname of a child conceived and born out of wedlock.

Substituted by:

XXXI.1965.2.

Amended by:

L.N. 148 of 1975;

XXX.1979.2;

XXX.1981.4;

XII.1986.2;

VIII.1990.3;

XXI.1993.42;

IX.2004.14;

XVIII.2004.14;

XXII.2005.81;

III.2008.5;

XII.2015.3;

Substituted by:

LXV.2020.14.

(2)A child who has not been acknowledged by the parent who did not give birth shall assume the surname of the parent who gave birth.
(3)If the child conceived and born out of wedlock has been acknowledged jointly by both parents on the Act of Birth, the surname by which that child shall be known shall be declared in terms of article 292A.
(4)In any of the cases provided for in sub-articles (1) and (3): (a) the combination of the parents’ surnames shall not result in a surname which is longer than the combination of four surnames; and (b) when the surname of any one or both of the parents already has a combination of two or more surnames, the order of the surname of that parent shall be retained, and the child shall not change such order and, or drop any part of that surname.
(5)All children conceived and born out of wedlock and acknowledged by the same parents shall be given the same surname, in accordance with the surname given to the first child so acknowledged.
(6)This article shall also apply to any child conceived and born out of wedlock in Malta prior to the coming into force of the Civil Code and Various Other Laws (Amendment) Act, 2020:
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.