Marriage Contract (Kuntratt taż-Żwieġ) Guide (Malta)

Updated on 13 August 2026

Malta's default matrimonial property regime is the community of acquests: from the moment a couple marries, whatever either spouse acquires and any debts they incur during the marriage are jointly owned in equal shares, with limited exceptions for gifts, inheritances and each spouse's own paraphernal property. A couple who does nothing gets this regime automatically.

To choose a different regime — most commonly separation of estates, where each spouse keeps sole ownership of what they acquire — the Maltese Civil Code requires a marriage contract, made by public deed before a notary, entered into before the wedding, and registered in the Public Registry so third parties are on notice of it. This is not a document a couple can draft and sign themselves and expect to have legal effect: under pain of nullity, it must be a notarial deed. This page explains the regime and what the notary will need, rather than offering a downloadable contract that cannot lawfully substitute for one.

Where to get the marriage contract drawn up

A marriage contract excluding the default regime must be a public deed made before a Maltese notary. This page cannot provide that deed — use it to prepare for the conversation with your notary.

Public Registry — Malta (registration of notarial deeds)Where the marriage contract is registered once executed by a notary.
Notarial Council of MaltaDirectory of notaries public entitled to draw up marriage contracts in Malta.

Understand what happens if you do nothing

Community of acquests is not a default in the sense of a fallback nobody chooses — it is the ordinary matrimonial regime for the great majority of Maltese marriages. Earnings, property bought during the marriage, and debts incurred by either spouse generally become part of the joint community, owned equally, regardless of whose name is on the payslip or the purchase.

Property owned before the marriage, and anything received individually by gift or inheritance, generally remains that spouse's own paraphernal property and does not fall into the community — but keeping records that clearly separate paraphernal property from community property is what makes that distinction provable years later.

Know the alternative regimes

Separation of estates keeps each spouse's property, before and during the marriage, entirely their own — nothing pools automatically. A less commonly used option lets each spouse's own acquisitions during the marriage be held and administered by whichever spouse made them, rather than shared. Which regime fits depends on the couple's circumstances, business interests and family wealth, and is exactly the kind of decision a notary and, where the sums are significant, a lawyer should be involved in from the outset.

The marriage contract must be a notarial deed, made before the wedding

To exclude community of acquests in favour of a different regime, the couple must enter into a marriage contract — under pain of nullity, a public deed drawn up before a notary — before the wedding takes place. The deed is then registered in the Public Registry, which is what puts third parties, such as future creditors, on notice of the regime the couple has chosen.

A document signed privately between the couple, without a notary, does not achieve this. This page is a preparation guide for the conversation with a notary, not a substitute for the deed itself.

What the notary will need from each of you

Expect to provide identification, details of significant assets and liabilities each of you brings into the marriage, and a clear statement of which regime you want to adopt and why. If one or both of you run a business, hold significant pre-marital assets, or expect to inherit family property, say so early — these are exactly the situations where separation of estates, rather than the default community regime, is most often chosen.

What a Maltese marriage contract typically covers

Choice of regime: Community of acquests (the default, if no contract is made), separation of estates, or the less common alternative regime.
Existing assets: A record of what each spouse brings into the marriage, relevant to whichever regime is chosen.
Treatment of future acquisitions: How property acquired during the marriage will be owned under the chosen regime.
Registration: The deed is registered in the Public Registry, giving third parties notice of the regime chosen.

Malta requirements checklist

These are the formal requirements the Civil Code sets for opting out of the default matrimonial regime.

Use a notary, not a private document
Under pain of nullity, a marriage contract excluding community of acquests must be a public deed drawn up before a notary.
GTG Legal — nuptial agreements and community of acquests in Malta
Sign before the wedding
The marriage contract excluding the default regime must be made before the marriage takes place.
Register the deed
The notarial deed is registered in the Public Registry, which is what gives third parties notice of the chosen regime.
GTG Legal — matrimonial regimes and separation under Maltese law
Keep paraphernal property clearly separate
Property owned before marriage or received by gift or inheritance is generally excluded from the community, but keep records that prove the distinction.
Get independent advice if significant assets or a business are involved
Take legal and tax advice alongside the notary where a business, significant pre-marital wealth or expected inheritance is involved.

How to prepare for a marriage contract

Decide whether you need one. If you are content with community of acquests, no contract is needed — it applies automatically.
Choose the regime you want instead. Discuss separation of estates or the alternative regime with a notary if community of acquests does not fit your situation.
Gather your financial information. List significant assets, liabilities and any business interests each of you brings into the marriage.
Instruct a notary well before the wedding. The deed must be signed before the marriage — leave enough time to have it properly drawn up.
Confirm registration. Check the deed has been registered in the Public Registry.

Frequently asked questions

What happens if we don't sign a marriage contract before marrying in Malta?

Community of acquests applies automatically — property acquired and debts incurred during the marriage are jointly owned in equal shares by default. Most couples never sign a marriage contract at all, and that is not a gap; it is the ordinary regime.

Can we write our own marriage contract and sign it privately?

No — to exclude community of acquests, the contract must be a public deed made before a notary, under pain of nullity. A privately signed document does not achieve the opt-out.

Can we sign the marriage contract after the wedding?

To exclude the default community regime, the contract must be made before the marriage takes place. If you are already married and want to change your regime, ask a notary about the separate process for that, which is not the same as a pre-marriage marriage contract.

What is separation of estates?

A regime where each spouse keeps sole ownership and control of property they acquire, before and during the marriage, rather than pooling it into a shared community. It is the most commonly chosen alternative to community of acquests.

Does property I owned before marriage automatically stay mine?

Generally yes, along with anything you receive individually by gift or inheritance — this is your paraphernal property. Keep clear records showing what you owned before the marriage, since the distinction has to be provable, not just assumed.

Why does the deed need to be registered?

Registration in the Public Registry puts third parties — most importantly future creditors — on notice of which matrimonial regime applies, which matters if one spouse's creditors later try to reach assets that belong only to the other spouse under separation of estates.

Disclaimer

This page is a general explainer, not legal advice, and no notary or lawyer has reviewed or approved it for your circumstances. Excluding the default community of acquests regime requires a public deed made before a Maltese notary, before the marriage takes place, and registered in the Public Registry — this page cannot itself create that deed. Instruct a notary directly.