Living Together in Malta: Understanding Cohabitation
Cohabitation refers to a committed relationship where two individuals choose to live together without being married. This arrangement has gained popularity in Malta in recent years.
The legal framework for cohabitation in Malta is governed by Chapter 614 of the Laws of Malta, which replaced Chapter 571. To formalize a cohabitation arrangement, Maltese law requires the creation of a legally binding agreement. Only individuals aged 18 and over who are not related by blood may enter such agreements. However, persons who are legally incapacitated, unable to reason, married, in a civil union, or already bound by another cohabitation agreement are ineligible.
Establishing a Cohabitation Agreement
A cohabitation agreement is executed through a public deed prepared by a notary, who is tasked with explaining its legal consequences to the involved parties. Before signing, both parties must confirm the absence of any legal obstacles and provide a free status certificate to the notary. They may also select the legal system to govern their agreement; in the absence of such a choice, Maltese law automatically applies.
The agreement becomes effective upon publication of the deed and enforceable against third parties once registered in the Public Registry. The director of the Public Registry is then required to issue a cohabitation certificate within 20 working days of registration.
Rights and Obligations of Cohabitants
Cohabitants are entitled to various rights similar to those granted to married couples, particularly in family and labor law contexts. These include eligibility for benefits such as:
- Non-contributory social assistance
- Widow’s pensions
- Retirement, sickness, and unemployment benefits
- Maternity allowances
Other entitlements include children’s allowances, support for children with disabilities, and supplementary allowances. Cohabitants also gain rights to shared residency and decision-making in each other’s medical care.
Mutual obligations include providing moral and material support and contributing to family needs based on financial capacity and ability to work. Additionally, cohabitants are responsible for the care, support, and education of their children, considering their unique talents and aspirations.
Property and Asset Arrangements
Cohabitants maintain separate ownership of assets unless they agree to establish a community of assets through their cohabitation agreement. Such a community applies only to the shared home and certain moveable property acquired after the agreement’s execution. Items such as money, securities, vehicles, and personal items remain excluded unless specified.
Dissolving a Cohabitation Agreement
Cohabitation agreements can be dissolved either unilaterally or by mutual consent. The process involves legal representation and approval from the Civil Court, Family Section. The dissolution begins with a written request submitted to the Family Court Registry, followed by a mandatory mediation session.
During mediation, efforts are made to reconcile the parties. If reconciliation fails, the mediator facilitates discussions to reach a dissolution agreement. If successful, the court formalizes the agreement; otherwise, the matter proceeds to a judge for resolution.
Unlike marriage separations, dissolving a cohabitation agreement does not require assigning blame. However, in cases involving domestic violence, the court may issue protection orders to safeguard affected parties or children.
Temporary orders may address issues such as:
- Residency in the shared home
- Maintenance payments
- Custody and child support arrangements
The court’s final judgment determines the division of the cohabitation home, custody, visitation rights, and dissolution of any community of assets.
Reconciliation After Dissolution
If the parties reconcile during the dissolution process, the proceedings are halted. However, if they reconcile after the agreement has been dissolved, a new cohabitation agreement is required to reestablish the legal rights and obligations previously granted.
This legal framework ensures that cohabitation in Malta provides structure and clarity while respecting the unique nature of these relationships.
