S.L. 16.20 Art. 40Separation by agreement.

(1) Where the parties have not reconciled but, through the assistance of the mediator appointed in accordance with regulation 3(1)(b), have agreed to sign a contract of consensual personal separation or to file a joint application for divorce, the mediator appointed by the Court shall forward to the Court the draft contract of personal separation or the divorce agreement, as the case may be, together with any comments on that draft from the parties’ advocates or legal procurators, the Children’s Advocate, if appointed, and his views, so that authorisation may be granted by the Judge for the execution of the contract.

(2) Where both spouses agree to submit a draft of personal separation, they shall notify the Court by means of a joint note signed by the notary who prepared the draft and by their respective advocates or legal procurators, and indicating the appointment of the mediator in accordance with regulation 3(1)(a). This note shall be filed in the Court Registry together with the draft contract.