Cohabitation agreements are relatively new and were introduced due to the legal gap that existed between marriage and long-term relationships.
Many couples who have been together for years choose not to marry, very often due to a bad marriage break-up which left them scarred for life.
The law is very clear on who can enter into a cohabitation agreement. In fact, a cohabitant is considered to be “a person who is continually and habitually living with another person in the cohabitation home as a couple, and who enters a public deed of cohabitation with the other person, provided that he is not already legally bound to another person”.
This means that before the couple can sign a cohabitation agreement, they must be unmarried, divorced from their previous spouse or have had their previous marriage annulled. The agreement is a contract that must be signed before a notary public, after which a certificate will be issued once it is registered in the Public Registry.
After signing the contract, cohabitants will have equal rights and equal responsibilities. They can choose to create the community of acquests, which includes the home they live in, but only if it was purchased after the agreement was signed. It also covers any belongings acquired for the home after the agreement.
So what rights would cohabitants have?
The rights are clearly defined in the law and include:
▪ The right to live in the cohabitation home.
▪ The right to be considered a tenant in a rented residence.
▪ The same rights as married couples regarding work and family matters (like leave).
▪ The right to live in the deceased partner’s home for 12 months after their death.
▪ The important right to make medical decisions for the cohabitant. The right to make medical decisions is often the main reason why many couples choose to sign this contract. There is nothing worse than being precluded from taking important medical decisions of your partner simply because you’re not married or don’t have a cohabitation agreement.
What if I want to end my cohabitation agreement? Is this a complicated process?
No, it isn’t. You just need to go to a lawyer to file an application in court for the dissolution of the cohabitation agreement, either jointly or individually. The court will then issue a decree if you both agree, or a judgment if you do not.
As you can see, the law governing cohabitation agreements is a contractual one. Agreeing to sign a cohabitation agreement provides a sense of security for many couples who don’t want to marry but still want to feel like a unit. It allows them to make important life and death decisions that they would likely have discussed together and ensuring they don’t encounter closed doors when dealing with legal matters or official entities.
The information presented in this article is provided by the Notarial Council for general informational purposes only – for legal or professional advice contact your notary. If you have any questions you wish to ask the Notarial Council of Malta, send any e-mail to notariesofmalta@gmail.com.