S.L. 12.35 Art. 38Commencement of case.      Cap. 16.

Where authorisation is given by the Court for a spouse to proceed with a personal separation, it is lawful for either spouse to institute a court action, or to make a counter-claim for a personal separation or divorce, as the case may be, for the same reasons or on the basis of the other reasons mentioned in the Civil Code as if that authorisation referred to both parties for each of the reasons mentioned:

Provided that where proceedings are instituted by only one party and, in those proceedings no counter-claim has been filed, the other party shall not be precluded from likewise instituting separate proceedings for separation or divorce. Such proceedings shall be heard together as connected cases. This shall also apply to all proceedings provided for in these regulations, including causes for maintenance, access, and care and custody of minors. The appointment of the Children’s Advocate ordered by the Court in the first action shall continue to have effect and shall be binding on the parties also in respect of any related proceedings until the final determination of such proceedings.