Both if one is getting married or if one is already married and needs to sort out which matrimonial regime best suits their marriage, we can assist with succinct explanations on the different marriage regimes, their pros and cons, and legal developments that may exist. Be it advice on the community of acquests, the regime of separation of estates or other matters, we can assist.
In Malta, there are three basic matrimonial regimes regulating the property of spouses during marriage;
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.
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Contact us at for more information or to make an appointment in relation to any matter relating to matrimonial regimes.
