Marriage contracts

A marriage contract lets a couple choose how their property is treated during the marriage. This page explains the options in Malta.

The default

Unless the spouses agreed otherwise by public deed, a marriage celebrated in Malta produces the community of acquests. No other partnership or community of property between spouses is established by law. See the community of acquests.

The alternatives

Spouses can agree, by a marriage contract before or after the wedding, that:

• Separate property. Property they acquire during the marriage stays separate, owned by whoever acquires it. This is often called separation of estates.
• Community of residue under separate administration. Each spouse acquires and manages their own property during the marriage, and treats it as their own with other people. When the community ends, the “residue” of what each has is added up, after deductions, and the spouse with more assigns enough to the other so that each has an equal share.

They can also agree other terms, provided they are not contrary to morals or inconsistent with the Code. They can form a limited liability company together, whatever system governs their property.

What cannot be agreed

Spouses cannot agree to make either of them the head of the family, to give up any of the rights of parental authority, or to depart from the rules on minority or any prohibitory rule of law. They cannot vary the legal order of succession.

How a marriage contract is made

• A public deed. A marriage contract, and any variation, must be made by public deed, on pain of nullity.
• Registration. It does not bind third parties unless it is registered in the Public Registry.
• Before the wedding, the contract can be changed only with the consent of everyone who was party to it.
• After the wedding, spouses can, with the authority of the court, vary their marriage agreements, make a marriage contract if they did not have one, and so change the system, without prejudice to the rights of children or third parties.

On separation or divorce

How the property is divided depends on the system. Under the community of acquests, each spouse takes half. Under the community of residue under separate administration, the residue is calculated and equalised, and it ends on separation or divorce. Under separate property, each keeps what is theirs, subject to the rules on the matrimonial home and maintenance. See division of property.

When to think about it

The best time to make a marriage contract is before the wedding, but it is not too late afterwards. If you are considering one, or want to change your regime, a conversation will help you decide what suits your circumstances.