Cohabitation is a growing trend in Malta, with more and more couples choosing to live together without getting married or entering into a civil union.
In response to this trend, the Maltese government has introduced new laws to provide more rights and protection for cohabiting couples.
In 2017, the Maltese Parliament approved the Cohabitation Act 2016. This act recognizes cohabiting couples who have been living together for at least two years and gives them more rights pertaining to parental and medical decisions, among others.
In 2020, a new cohabitation act was introduced, replacing the 2017 laws and providing even more rights and protection for cohabiting couples.
The improved equality laws seek to address difficulties couples found with the previous act, setting clear parameters about what it means to be recognized as a co-habitant, how one can enter a public contract of cohabitation as well as the regulation of community of assets.
To enter a public deed of cohabitation, the couple must meet with a notary and present their identification documents and Free Status Certificate.
The couple declares that there is nothing precluding them from entering the cohabitation and must state whether they have been in a previous public deed of cohabitation. They must then choose whether they wish to apply the community of assets or otherwise.
The notary will then explain the effects of the public deed of cohabitation, publish it and enroll the public deed in the Public Registry within 20 days, which would grant state recognition for cohabitation.
If you’re considering cohabiting with your partner in Malta, it’s important to understand your rights and responsibilities under the new cohabitation laws.
At 1lawyersource.com, we can help you find a lawyer who can guide you through the process and ensure that your rights are protected.