Under Maltese law, the default matrimonial regime for marriages is the Community of Acquests. If a couple wishes to adopt a different matrimonial regime, they must enter into a prenuptial agreement prior to marriage, specifying their preferred regime. A prenuptial agreement is a public deed signed by both parties before the marriage, outlining how assets, liabilities, and other matters will be managed. If a couple later decides to change their matrimonial regime after marriage, they must submit an application to the Registry of the Court of Voluntary Jurisdiction.
In Malta, we have three basic matrimonial regimes:
Community of Acquests
This regime creates a shared pool of assets and liabities. Everything acquirred during the marriage (except for personal items such as gifts and inheritance) is owned jointly by both spouses. Both spouses share responsability for any debts or liabilities incurred during the marriage.
Separation of estates
Each spouse will have full ownership over their individual property, both acquired before and during marriage. Unless specifically agreed upon, there is not joint ownership of any property. Each spouse is responsible for their own debts and liabilities.
Community of residue under separation administration (CORSA)
The matrimonial regime a hybrid between the regimes of community of acquests and separation of estates. It allows for some joint ownership of property acquired during marriage whilst keeping other assets separate.
By default, marriages are regulated by the Community of Acquests regime under Maltese Law. A couple who chooses to have their marriage regulated with another matrimonial regime other than the Community of Acquests must enter into a pre- nuptial agreement before their marriage where they declare which matrimonial regime they would like to choose. If a couple decides to change their matrimonial marriage after they get married, they must do so by filing an application to the Registry of the Court of Voluntary Jurisdiction.