New cohabitation bill will only recognise one form of cohabitation

We are pushing for a bill which recognises every type of family and protects the rights of the most vulnerable

A new cohabitation bill will see that only one form of cohabitation is recognised at law – one which is formalised by means of contract and registered in the Public Registry, Minister for Justice, Equality and Governance Edward Zammit Lewis has said.

The new proposed bill on cohabitation will eliminate de facto cohabitation and couples must go through a notarial procedure of formalising their relationship under a cohabitation contract. “After a year and a half of consultation and receiving feedback, it is clear that the original act was flawed,” said Zammit Lewis. “We are pushing for a bill which recognises every type of family and to protect the rights of the most vulnerable.”

Zammit Lewis announced the new bill on Monday morning at the Auberge d’Aragon in Valletta alongside members of the Notarial Council and Chamber of Advocates, who both played a vital role in the new bill.

“After studying different models, we have created a model that is adequate for professionals to work with and clear for the public to make use of,” explained Zammit Lewis.

He said that the ministry is pushing to have the new bill passed through quickly.

Cohabitation is when couples decide to live together and formalise a relationship outside of marriage. This is regulated by the Cohabitation Act, Cap. 571 of the Laws of Malta. Now this new bill is proposing the recognition of only one form of cohabitation formalised by means of contract, notarised and registered in the Public registry. Therefore the new bill is doing away with de facto cohabitation and cohabitation by unilateral declaration.

Now the couple must present a certificate and declare that there is nothing holding them back from entering this contract. The couple must also declare that they are not currently legally bound to another person.

The minister explained that the current law had a lack of legal clarity when it came to de facto cohabitation, which could prejudice the couples and their families.

Cohabitors have fewer obligations than those within a marriage, and the community of assets for cohabiting couples is opt- in; therefore, it is not automatic on formalization of the relationship. This must be declared before a notary and does not pertain to all of the couple’s combined assets, but is limited to the property in which the couple cohabit.

The new legislation will also recognise one form of dissolution of the cohabitation relationship through the courts. The cohabitation relationship will be terminated by the court’s decree and both parties agree on the terms of dissolution or through sentencing if the parties do not agree.

Zammit Lewis explained that those couples who already had a formal relationship under the previous Cohabitation Act will continue to be recognised under the terms of their original contract.