Matrimonial Regimes and Pre-Nuptial Agreements (Prenups)

Matrimonial Regimes and Pre-Nuptial Agreements (Prenups)

Matrimonial Regimes and Pre-Nuptial Agreements (Prenups) are foundational elements in defining the financial dynamics between spouses, both during their marriage and in any event of separation or divorce. We provide specialized legal advice and assistance in establishing the appropriate matrimonial regime and drafting pre-nuptial agreements for couples in Malta.

Matrimonial regimes in Malta, such as the community of acquests, separation of estates, or the community of residue under separate administration, dictate how assets acquired before and during the marriage are owned, managed, and potentially divided. Choosing the right regime is a crucial decision that impacts a couple’s financial relationship and requires careful consideration and legal guidance.

By default, under Maltese law, marriages are governed by the Community of Acquests regime. Therefore, a couple must explicitly state that they do not wish their matrimonial regime to be governed by this system and must agree on another governing regime to regulate their upcoming marriage.

Pre-Nuptial Agreements, commonly known as ‘prenups’, offer couples the opportunity to pre-arrange financial matters in the event of a marriage breakdown. These agreements are also used to regulate certain aspects of the upcoming marriage so that it will not be governed by the default regime, that of Community of Acquests, nor shall it be governed by the Community of Residue under Separate Administration regime but it instead they will explicitly agree that their marriage shall be governed by the system of Separate Administration of Property regime, also commonly called the Separation of Estates regime and that their marriage be regulated by the rules pertaining to the Separate Administration of Property regime, also commonly called the Separation of Estates regime.

We will advise on the legal implications of these agreements, ensuring they are fair, compliant with Maltese law, and enforceable.

At Sceberras Trigona Notaries & Associates, we recognize the importance of clear and secure financial arrangements in marriage. We will guide the couple through the implications of different matrimonial regimes and the scope of prenuptial agreements, helping them make informed and mutually beneficial decisions.