S.L. 12.20 Art. 6Consensual separation.

(a) Where two spouses agree to enter into a deed of personal separation by mutual consent otherwise than through the mediation of a mediator as provided in regulation 4, they shall file in a note to that effect signed by their notary and their respective advocates or legal procurators. Such note shall be filed in the Family Section of the Civil Court or of the Court of Magistrates (Gozo) (Superior Jurisdiction) together with a draft of the deed.

(b) Upon receipt of the note the Court shall refer the matter to a mediator, either selected jointly by the parties from the first list and indicated by them in the note, or assigned by the Court.

(c) The mediator shall, not later than one month from the filing of the note, examine the said draft deed and if he deems fit, hear the parties in the presence of their legal counsel and if appropriate any minor children of the spouses, and may also request the Court to appoint a children’s advocate. The mediator shall within the aforesaid period of one month send back the note to the Court together with his advice thereon.

(d) Upon the receipt of the advice, the Court shall after hearing, if it so deems fit the spouses or any of their children, proceed to give its decree as soon as possible approving, amending or rejecting the said draft deed.