S.L. 12.35 Art. 17Commencement of proceedings for personalseparation or divorce.

(1) Where one of the spouses intends to proceed with proceedings for personal separation or divorce against the other spouse, that party shall first request authorisation from the Family

Court to proceed by filing a letter, in the case of personal separation, or by filing an application, in the case of divorce, as applicable, in the Family Court registry. In the case of a letter, it shall be addressed to the Registrar and shall indicate the name and address of the party submitting the letter as well as those of the other party and shall include a request to the Court to authorise such spouse to proceed. The letter shall be signed and submitted either personally by the party or by an advocate or legal procurator acting on behalf of that party.

(2) (a) Together with the letter referred to in sub-regulation (1), the spouse shall file a sworn note containing a list of assets and liabilities within the community of acquests or the community of residue under separate administration, paraphernal property, common property and debts, paraphernal credits or debts and the matrimonial home, to the best of his or her knowledge.

(b) The party shall also submit an official statement issued by their employer, (FS3), a statement of income for the preceding three

(3) calendar years, or a profit and loss statement covering the same period, or any other official document indicating that person’s income during that period. Where such documents are not available, the party shall make a sworn declaration to that effect.

(c) In the note filed in accordance with paragraph (a), the party shall include their proposal regarding the liquidation and division of assets, debts and credits, and the matrimonial home, together with a proposal concerning the care and custody of the children, their residence, the access rights of each party and the payment of maintenance, and expenses relating to health, education and extracurricular activities payable by each party.