S.L. 12.20 Art. 4Authorisation to proceed to initiate proceedings for personalseparation or for divorce.

(1) Any party wishing to proceed to initiate a suit for personal separation or divorce against the other spouse shall first demand authority to proceed from the Civil Court (Family

Division), the Court of Magistrates (Gozo) (Superior Jurisdiction) (Family Division) as the case may be, each of such courts hereinafter in this regulation called the ''Court'', by filing a letter, in the case of personal separation, or by filing an application, in the case of divorce, as the case may be, to that effect in the registry of (SUPERIOR JURISDICTION) (FAMILY SECTION)

the Court addressed to the Registrar, stating the name and address both of the person filing the letter as well as that of the other spouse, and requesting the Court to authorise him or her to proceed. Such letter shall be signed and filed by the party personally or by an advocate or legal procurator on behalf of such party.

(2) Where authority to proceed for personal separation or divorce is granted by the Court, it shall be lawful for either spouse to bring a suit before the Court, or counter claim for personal separation or divorce, as the case may be, on the same or any other of the grounds mentioned in the Civil Code as if such leave referred to both parties on all of the said grounds.

(3) Before granting such leave the Court shall summon the parties to appear before a mediator, either appointed by it or with the mutual consent of the parties, and where the Court deems it expedient so to do, either of its own motion, or at the request of the mediator, or of either of the spouses, may appoint a children’s advocate to represent the interests of any minor children of the parties: Provided that where the letter referred to in this regulation is accompanied by evidence substantiating a claim of domestic violence, the Court shall summon the parties to appear before it to determine whether appearing before a mediator is in the best interest of both parties.

(4) The mediator shall in the first place attempt to reconcile the parties. During this stage the mediator shall hear the parties.

(5) Where parties fail to reconcile the mediator shall mediate between them in an effort to reach an agreement to enter a deed of personal separation by mutual consent.

(6) The mediator may in camera hear the parties separately or together, in the presence of their advocates or legal procurators, and he may also hear any minor children of the spouses, the children’s advocate, if any, and the advocates or legal procurators of the parties.

(7) The spouses and all other persons shall not be required to take any oath and no evidence may be adduced before any Court of anything divulged to the mediator in the conciliation or mediation procedures, of any proposal made by him or any other person during the procedures or of the reaction of either spouse to such proposals.

(8) Where the mediator manages to reconcile the parties he shall make a note to that effect in the records of the case, and transmit the records to the judge who shall thereupon close the proceedings.

(9) Where the parties have not reconciled, but they have through the office of the mediator or otherwise agreed to enter into a deed of personal separation by mutual consent or to file a joint application for divorce, the mediator shall transmit to the judge a draft of the deed of personal separation or of the divorce agreement, as the case may be, together with any comments thereon by the advocates or legal procurators of the parties, the children’s advocate, if any, and his views, for the grant of the authorisation by the judge.

(10) The judge shall give his authorisation by decree in camera, but may before proceeding to give such decree hear either of the parties, the children or their respective advocates and legal procurators.

(11) (a) During the mediation period the parties may jointly request the Court to appoint a judicial assistant in order to receive evidence on oath intended to facilitate the proceedings before the mediator.

(b) The judge shall decree on any such demand in camera, after hearing, if he so deems fit, the spouses, the minor children, and, or, their respective advocates and legal procurators.

(12) Where the attempts of the mediator to reconcile the parties or to assist them in reaching an agreement as aforesaid have failed or upon the lapse of two months from the filing of the letter or of the application, as the case may be, referred to in sub-regulation (1) (or such longer period as the Court may for good reason grant) no such conciliation or agreement has been reached, the mediator shall inform the judge in writing to that effect and the judge shall thereupon grant the leave requested: Provided that where in the opinion of the mediator, it is unlikely that such conciliation can be achieved or such agreement reached, the mediator shall inform the judge in writing before the lapse of the said period of two months or before such longer period as aforesaid.

(13) Without prejudice to sub-regulation (11), any party may during the pendency of the procedures in the conciliation, mediation, pre-trial or trial stages, request the Court to make such provisional orders or to issue such writ or warrant as may be necessary to safeguard its interest.