Cohabitation Agreement Malta

Whereas previously there were three variants that would consolidate cohabitation between the parties, i.e. de facto cohabitation, cohabitation by unilateral declaration and cohabitation by treaty, the new law removed the first two models and excluded them completely from Maltese legislation. They must then decide whether or not to apply the heritage community, and then the notary will explain the effects of the authentic act of life, publish and register the authentic act within 20 days in the public register, which would allow the state to be recognized for living together. The amendment proposes the recognition of a single form of cohabitation, formalized by contract, notarized and registered in the public register. Like any other contract, the cohabitation treaty must complete a number of legal formalities. Article 5 of the Cohabitation Act, 2020, provides that any clause in the cohabitation contract which: cohabitation by unilateral declaration currently gives part of the report the right to formalize cohabitation by a judicial letter. Legal proceedings are prohibited by law from entering into a cohabitation contract with registered associations that choose to govern their cohabitation by a notarial contract, to grant extensive legal protection. In particular, they enjoy the same rights with respect to « work and family » to which married persons or persons in a civil union are entitled. In addition, they are considered to be co-tenants not only with respect to their common habitual residence, but also with respect to commercial and agricultural leases, regardless of the landlord`s will or intent. The improvement of equality laws aims to address a number of difficulties faced by couples with the previous law, by setting clear parameters on what it means to be recognized as a roommate, how to enter into a public cohabitation contract, as well as the regulation of the heritage community. Perhaps the most controversial form proposed is the unilateral declaration of cohabitation, whererly a roommate can formalize cohabitation by simply filing a judicial letter, even if the other cohabiting person opposes it by treaty.