Notary Public & Commissioner for Oaths

1

In Malta, there are three basic matrimonial regimes regulating the property of spouses during marriage;

  • Community of acquests
  • Separation of estates
  • Community of residue under separate administration (CORSA)

Community of acquests means that there is one common fund containing the earnings and other income accrued during marriage by both spouses (subject to certain exceptions provided for in the law). The assets and liabilities forming part of the community of acquests belong to both spouses equally and are administered by both jointly. 

Separation of estates: This means that the property acquired during marriage remains paraphernal property, i.e. it belongs to the party who has acquired it and the other spouse has no rights over it. 

CORSA: During the marriage, the spouses have separate estates, but upon the termination of the marriage, the residue left will be deemed to belong to the two spouses equally.

What determines which regime applies?
When a couple gets married, the community of acquests will apply as the default regime, unless the couple had entered into a public deed known as a ‘marriage contract’ (kitba taż-żwieġ) before a notary in which they expressly declare that they want to exclude the community of acquests in favour of one of the two other regimes. This public deed is then registered in the Public Registry to inform third parties at large.

Spouses may change their matrimonial regime after the celebration of the marriage. However, to do so after marriage, they must obtain authorization from the Court of Voluntary Jurisdiction. 

Our Service & Commitment at James Grech (Notary Malta):

  • Advice on which matrimonial regime best suits the couple’s interests, and the implications attaching to the different regimes.
  • Drafting and publication of the marriage contract and due registration thereof
  • Applications before the Court of Voluntary Jurisdiction and subsequent publication of marriage contract in the case of spouses who wish to change their matrimonial regime.

Contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information or to make an appointment in relation to any matter relating to matrimonial regimes.

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