Why couples make them
The default position in Maltese law is the community of acquests, under which most assets acquired during the marriage are held jointly. That suits many couples perfectly well. It suits others poorly, particularly where one party brings a business into the marriage, where there are children from a previous relationship, or where family property is involved.
A pre-nuptial agreement allows a couple to choose a different regime, such as separation of estates, or to modify the default in specific respects.
What an agreement can address
- The matrimonial regime: community of acquests, separation of estates, or a variation
- Assets brought into the marriage by each party
- Business interests and shareholdings
- Inheritances and family property
- Property held or acquired outside Malta
- Provision for children from a previous relationship
Post-nuptial agreements
An agreement can also be made after the marriage. Couples commonly do this when circumstances change materially, for example when one spouse starts a business or receives an inheritance. The requirements differ from a pre-nuptial agreement, and we advise on what is needed.
Getting it right
An agreement is only useful if it holds. That means both parties taking independent advice, full disclosure of what each holds, and enough time before the wedding that nobody can suggest the agreement was signed under pressure. We advise on all three, and we would rather turn away a rushed instruction than draft something that fails when it is needed.
Common questions
- Are pre-nuptial agreements recognised in Malta?
- Yes. Maltese law allows spouses to regulate their matrimonial property regime, and such agreements are made by public deed. We advise on the requirements and on the regime that fits your circumstances.
- When should we start the process?
- Well before the wedding. An agreement signed at the last moment invites the argument that it was not entered into freely, and there is rarely a good reason to leave it late.
- Can we change the agreement after marrying?
- The matrimonial regime can be varied after marriage, subject to the applicable requirements. We advise on what is involved.