ACT No. XV of 2017 AN ACT to regulate cohabitations and to provide for other matters dealing with them or ancillary to them.

I assent.

M ARIE- L OUISE

(L.S.)

C OLEIRO P RECA

President

7th April, 2017

ACT No. XV of 2017

AN ACT to regulate cohabitations and to provide for other

matters dealing with them or ancillary to them.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1)

The short title of this Act is the Cohabitation Act, Short title and

commencement.

2017. (2) This Act shall come into force on the date which the

Minister responsible for justice establishes by notice in the

Government Gazette, and different dates may be established for

different reasons and provisions within this Act.

(Article 6)

Passed by the House of Representatives at Sitting No. 501 of the 3rd April,

2017. A NĠLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€2.70

(1)

In this Act, unless the context otherwise requires

"basic rights and duties" means those rights and duties listed

under article 30;

"cohabitant" means a person who is continually and habitually

living with another person in an ordinary, primary, common home,

with whom he has an intimate relationship, and together consider

themselves a couple, and is not already legally bound to another

person

Provided that for the purposes of de facto cohabitation, a

person who, although being in a marriage or civil union is separated

de jure shall also be considered as a cohabitant;

"Cohabitations Register" in relation to cohabitations that are

registered in the island of Malta means that section within the Office

of the Public Registrar in the same island of Malta responsible for

affairs relating to cohabitations, and in relation to contracts of

cohabitation done in the island of Gozo means that section within the

Office of Public Registrar in the same island of Gozo entrusted to do

that as previously stated;

"Court" means the Civil Court (Family Section) or any other

Court which from time to time shall be given the duty to take

cognition of family matters;

"de facto cohabitation" means a cohabitation between two

persons which cohabitation is not registered nor is it unilaterally

declared under this Act and also includes persons who, although

being in a marriage or civil union, are separated de jure;

"dependent child" in relation to a cohabitant or a cohabiting

couple, means any child of the cohabitants or any one of the

cohabitants, or any child upon whom they are acting as loco parentis

in accordance with the Civil Code and still have the right to receive

maintenance from them in accordance to the same Code;

"Minister" means, unless otherwise indicated, the Minister

responsible for justice;

"notary" means a public official vested with all the powers

conferred to him by the Notarial Profession and the Notarial Archives

Act;

"ordinary, primary, common home" means that home within

which the cohabitants live together, belonging to either one of the

cohabitants or to both of them in whichever portion, or possessed by

title of lease or any other title, either together or by one of the

cohabitants;

"registered" means enrolled in the Public Registry;

"registrar" means that public official identified by the Minister

to fulfil the functions of the Registrar for Cohabitations for the

Register of Cohabitations, and includes, for all purposes of this Act,

any person authorised by the Registrar for this.

(2) All the provisions of this Act shall apply only for those

cohabitations which are set up in accordance with the provisions of

this Act and for no other form of cohabitation for which a declaration

or contract has been registered and is not in accordance with the

provisions of this Act.

Part II

De facto Cohabitation

A de facto cohabitation does not give rise to mutual legal De facto

rights and obligations between cohabitants, and for all intents and cohabitation.

purposes of the law, does not confer legal recognition to the

relationship between the couple, except after two years and limited to

the following

(a)

a cohabitant shall be considered as a tenant for all

intents and purposes of the law with regard to all rents of the

ordinary, primary, common home that were legally constituted

by any one of the cohabitants, irrespective of the date of

constitution of the rent, and also with regard to any commercial

rent under the Civil Code, until the said contract is terminated

Provided that the owner of the ordinary, primary,

common home retains the right to refuse to renew the

aforementioned contract constituted by any one of the

cohabitants once that contract expires unless, in the case of a

contract that is automatically extended the owner has sent an

official letter giving prior notice that the said contract is not going

to be extended;

(b) a cohabitant shall be considered as the closest

person to the other cohabitant for all intents and purposes of the

law;

(c)

a cohabitant shall have the right to take decisions

relating to the medical care of the other cohabitant

Provided that this sub-article shall not apply when

any one of the cohabitants has declared, in writing, that such

decisions should be taken by another person.

Part III

Cohabitation by means of a contract between the parties

Persons who have the intent of cohabitating and, or,

persons who are already cohabiting may choose to regulate their

cohabitation by entering into a contract in conformity with the

provisions of this Act, which contract shall be registered by the

notary as provided hereunder in this Act.

(1)

A contract of cohabitation concluded between

(a)

persons, one of whom is under the age of assuming

contractual obligations, unless that person is so authorised at

law;

(b)

ascendants and descendants in the direct line;

(c)

siblings, from the same parents, or from one and the

same single parent;

(d)

persons being related by affinity in the direct line;

(e)

the person adopting and the adoptee;

(f)

persons, one of whom is unable to give his consent

for the contract due to interdiction, incapacitation or the lack of

the use of reason;

(g) persons who are married or are in a civil union

relationship, either between themselves or with third parties;

(h) persons who are in a contract of cohabitation with

third parties according to the provisions of this Act;

(i)

persons who are in a cohabitation with third parties,

one of whom has declared the relationship as such by a

unilateral declaration in accordance with this Act;

(j)

cohabitants whose intimate relationship between

themselves or with third parties is regulated by a foreign law

that provides for rights and obligations between themselves,

irrespective of its title as long as such relationship is regulated

in a way that has or may have legal effects in Malta,

shall be null and void.

(2) For the purposes of sub-article (1), the relationship of an

adopted person shall be considered to exist both in reference to that

person’s biological family as well as his adoptive family.

(3) The Court of Voluntary Jurisdiction under which one of the

parties intending to enter into a contract of cohabitation falls may, if

good cause is shown, refrain from applying the provisions of article

5(1)(d).

(1) The contract regulating the cohabitation between Formalities of a

two parties shall be made by a public deed for which a certificate of contract

cohabitation.

cohabitation shall be issued as prescribed by the Schedule of this Act,

after the registration of the contract.

(2) In order for a contract regulating cohabitation between two

parties to have the legal effects contemplated by this Act, it shall be

done as prescribed by the provisions of this Act and shall be deemed

to be valid only if all the provisions of this Act are observed and, or

fulfilled.

(3) The parties must declare before the notary that there is

nothing precluding them from entering into a legally valid contract of

cohabitation, taking into account that which is prescribed under

article 5, and the notary is obliged to do the annotations of this

declaration in the said contract.

(4) The declaration mentioned in the preceding sub-article

shall make good in the instances where the notary does not have the

means to verify that there is nothing precluding the parties from being

cohabitants, taking into account that which is prescribed in article 5.

(5) The parties shall also declare before the notary if they had

already entered into any other contract of cohabitation together in the

past, which contract was rescinded in accordance with this Act.

(6) After verifying by the appropriate searches whether the

parties had entered into a contractual cohabitation between

themselves, which contract had been terminated in accordance with

the provisions of this Act, the notary shall

(a)

if there were no previous contracts, state this in the

said contract; or

(b) if there was a previous contract, forward a copy

thereof, together with the draft of the new contract to the

competent Court for the authorisation of the same, in

accordance with article 16, and shall forward the new contract

for publication and registration only after obtaining the said

authorisation.

(7) For the purposes of this article, the notary shall ensure that

the official Public Registry search be updated officially up to not

more than twenty-one days prior to the date of publication of the

contract of cohabitation, unless he chooses to update it through an

online search, in which case he shall update the search up to not more

than seven days prior to the date of publication of the said contract.

(1) The registration of a contract regulating cohabitation

between two parties is essential for the validity of the said contract

with regard to the rights and duties of third parties.

(2) The registration of a contract governing cohabitation

between two parties cannot operate to validate a contract of

cohabitation which independently of that registration is null.

In the contract governing cohabitation, the parties,

amongst other things, shall agree on and indicate the following

(a)

(i) the house that shall be deemed to be the ordinary,

primary, common home of the cohabitants;

(ii) the legal title of each cohabitant on the said

home;

(iii) the transfer of the rights in rem on the said

house which shall take place between the cohabitants in the

event of separation, if appropriate;

(iv) the personal rights of each of the cohabitants, or

whichever one of them, on the tenement, in the event of

separation, if appropriate;

(b) the division of assets and liabilities, both held in

common or belonging to one or the other cohabitant when the

cohabitants wish to make a transfer of assets or liabilities by one

part to the other, in the event of separation;

(c)

maintenance, periodic or as a lump sum if one of the

cohabitants is or becomes dependent on the other cohabitant,

together with the term and the modality of payment, both for

during the period of cohabitation and in the event of separation,

provided that the cohabitants are free to indicate that such

maintenance is not due under all circumstances or in certain

circumstances;

(d)

(i) the annual percentage mark up on the said

maintenance, when and if it is due, or an indication as to how

the mark up should be done for the amount to remain relevant

without the need to make periodic changes in the contract,

provided that if no mention is made as to the method of

increment, such increase shall be taken to be in line with the

Cost of Living Index;

(ii) where the mark-up is on a fixed periodic basis,

this shall begin to be measured from the first anniversary of the

registration of the contract, regardless of whether or not it falls

due during that period;

(iii) where it is indicated that the increase shall be

proportional to the salary of the cohabitant from whom

maintenance is due, there shall be a clear indication in the

contract of the amount that the said cohabitant has in salary at

the time of the contract. If there is no other indication, the salary

in question shall be deemed to be the net revenue;

(e)

the right of the children of one of the cohabitants to

live in the house considered as the ordinary, primary, common

home of the cohabitants, if appropriate and unless otherwise

ordered by the competent Court in previous proceedings;

(f)

where there are children, which cohabitant will have

the care and custody of any dependent children in the event of

separation, unless otherwise ordered by the competent Court in

previous proceedings;

(g) (i) a minimum amount of maintenance which a

cohabitant shall provide to the other cohabitant for dependent

children, together with the modality of payment, unless

otherwise ordered by the competent Court at the request of

either party, after having taken into consideration all the

circumstances of the parties under the Civil Code

Provided that there shall be a clear indication that

this article shall enter into force without the need for any legal

proceedings immediately when the cohabitants are separated or

no longer cohabiting together, whichever occurs first, as

appropriate;

(ii) the parties are not free to indicate that there

shall be no maintenance owed to children, and any clause to this

effect is considered null and void.

(h) article 30 shall apply automatically between the

cohabitants if no reference is made to the provisions of basic

rights and duties as listed in the same article in the event of

separation between the parties.

(1) If a maintenance claim for dependent children is

contested by one of the cohabitants in accordance with article 8(g),

the competent Court shall not take the amount indicated by the

cohabitants as maintenance in the contract governing the cohabitation

between the parties as fixed, provided that this amount is intended to

be a minimum amount and not necessarily an appropriate one.

(2) The Court shall not fix maintenance in an amount that is

less than the amount which the contracting parties indicated as the

minimum amount that shall be granted as maintenance for dependent

children

Provided that where the Court finds that the cohabitant

which is obliged to pay the said maintenance has lost his employment

without fault, the Court may consider fixing maintenance in an

amount which is lower than the amount indicated by the cohabitants

as the minimum amount that shall be given as maintenance for any

dependent children in the contract, as well as indicating that the full

amount of maintenance shall be immediately due as soon as the

cohabitant which is obliged to pay the said maintenance finds

employment.

(1) The notary before whom the parties are to sign the

contract of cohabitation is obliged to explain in detail to the parties

the consequences of the said contract and the clauses selected by the

parties to be bound thereby.

(2) In the contract of cohabitation, the parties shall state that

the notary has duly explained in detail the consequences of that

contract and of the clauses selected by the parties to be bound thereby

and they have understood their obligations and rights arising

therefrom.

The cohabitants wishing to amend the contract of

cohabitation registered according to this Act, may do so only

(a)

by means of a deed of correction registered by a

notary without the requirement of any authorisation of the

competent Court, if such act is intended to update any

information about property, including the address of the

ordinary, primary, common home, or to add clauses relating to

children born after the registration of the original act; or

(b) in any other instance, by means of a deed of

correction registered by a notary after the parties have jointly

obtained the authorisation of the competent Court, which Court

shall ensure that there is nothing in the amendments that runs

contrary to the best interest of the dependent children or that

puts one cohabitant in a vulnerable situation.

In every instance where the Court is requested to give its Authorisation

authorisation for a deed of correction it shall, if it feels that it is from the Court.

appropriate to ensure that this deed is not done with abuse of a

cohabitant on the other, hear the parties viva voce.

Where the cohabitants change the house considered to be Ordinary,

the ordinary, primary, common home according to their contract of primary,

common home.

cohabitation without amending the said contract as prescribed in

article 11(a), the provisions which they had stipulated in the contract

of cohabitation with regard to the ordinary, primary, common home

according to article 8(a) shall apply to the new ordinary, primary,

common home in the same manner.

A cohabitant registered under this Act shall benefit from Rights of

the rights listed in the subsequent article and from further rights registered

cohabitants.

referred to directly in the law as applicable to registered cohabitants

under this Act.

The rights conferred to the cohabitant registered under this Rights conferred

to the

Act are the following, namely that the cohabitant

cohabitants.

(a)

shall be considered as a tenant for all intents and

purposes of the law with regard to any lease of the ordinary,

primary, common home legally constituted by any one of the

cohabitants, irrespective of the date of the constitution of the

lease, as well as with regard to any commercial lease under the Cap. 16.

Civil Code

Provided that the owner of the ordinary, primary,

common home retains the right to refuse to renew the

aforementioned contract constituted by any one of the

cohabitants once that contract expires unless, in the case of a

contract that is automatically extended the owner has sent an

official letter giving prior notice that the said contract is not going

to be extended;

(b) shall be considered as a tenant in respect of farmers’

rights and, or obligations and therefore as included in the

definition of ‘lessee’ under article 2 of the Agricultural Leases Cap. 199.

(Reletting) Act;

(c)

shall be regarded as ‘family member’ for the

enjoyment of all rights related to renewal of lease of land under

the Agricultural Leases (Reletting) Act;

(d) shall be regarded as having the same rights granted

to a person who is married or in a civil union in terms of rights

related to labour and family, including various rights related to

leave, as well as those rights found in primary and subsidiary

laws as well as under codes and working practices, excluding

however the right of leave to accompany one’s spouse to

courses sponsored by the government abroad;

(e)

shall be considered as the closest person to the

cohabitant for all intents and purposes of the law;

(f)

shall have the right to take decisions relating to the

medical care of the other cohabitant

Provided that this sub-article shall not apply when

any one of the cohabitants has declared, in writing, that such

decisions should be taken by another person;

(g) shall have, in the event that one of the cohabitants

dies intestate during the cohabitation, and the survivor is

entitled for maintenance in the course of separation as agreed in

the contract of cohabitation, the right to receive the amount

equivalent to eighty percent of five years’ maintenance as

stipulated in the contract of cohabitation in a lump sum as a

legitimate portion, unless the contract of cohabitation does not

expressly provide that this clause shall not apply

Provided that this amount shall not exceed one

quarter of the value of the estate when there are descendants, or

one third of the value of the estate when there are no children

Provided further that any action under this article

shall be brought forward by not later than twelve months from

the opening of succession as registered according to this Act,

and such action may only be brought by the surviving

cohabitant;

(h) without prejudice to the provisions of the Civil

Code, shall have, in the event of death of one of the cohabitants

during the cohabitation, the right of habitation vita durante in

the ordinary, primary, common home held jointly with the

deceased

Provided that this right of habitation shall cease if

the survivor contracts a marriage, civil union or enters into

cohabitation with another person.

(i)

shall have the right to be entitled to non-contributory

social assistance when the cohabitant is a person who in the

opinion of the director of social services is living with the head

of the family as a spouse in marriage under article 30 of the Cap. 318.

Social Security Act;

(j)

shall have the right to have an invalidity pension

paid to the cohabitant if the said cohabitant is maintaining the

other cohabitant under article 26 of the Social Security Act;

(k) shall have the right to a widow’s pension under

articles 31 to 43 (both inclusive) of the Social Security Act;

(l)

shall have the right, upon the death of the other

cohabitant, to apply for a retirement pension if he is a person

who is or was entitled to be maintained by the deceased under Cap. 318.

article 46 of the Social Security Act;

(m)

shall have the right to payment of an age pension

when both cohabitants qualify under article 66 of the Social Cap. 318.

Security Act;

(n) shall have the right to receive social benefits as a

foster carer in accordance with article 76A of the Social

Security Act;

(o) shall have the right to sickness assistance when the

cohabitant is living with the head of the family during a period

when such sickness assistance is being, or could be paid;

(p) shall have the right to unemployment benefit and to

special unemployment benefit if the cohabitant is maintaining

the other cohabitant in accordance with article 30 of the Social Cap. 318.

Security Act;

(q) shall have the right to maternity benefit and

maternity leave benefit in accordance with articles 71 and 72 of

the Social Security Act;

(r)

shall have the right to the supplementary allowance

under article 73 of the Social Security Act;

(s)

shall have the right to children’s allowance under

articles 76, 80, 81 and 82 of the Social Security Act;

(t)

shall have the right to allowance in respect of

children in care under articles 76A, 80, 81 and 82 of the Social

Security Act;

(u) shall have the right to an allowance for disabled

children under articles 77, 80, 81 and 82 of the Social Security

Act.

(1)

A contract of cohabitation is terminated

(a)

when one of the cohabitants dies;

(b) when the cohabitants agree to terminate the said

contract by means of a public deed registered by the notary;

(c)

when the cohabitants cease to cohabit together, one

of the parties lodges an application declaring, under oath, the

date from which the parties ceased to cohabit together,

requesting that the Court declare the contract of cohabitation to

be terminated, and requests the Court to order that the rights and

obligations arising from the same contract of cohabitation enter

into force.

(2) The Court shall, in its decree, order the Registrar of the

Courts to notify the Director of the Public Registry of the termination

of the contract of cohabitation in order for such termination to be

registered in the Public Registry within fifteen working days.

(1) Upon termination of the contract of cohabitation by

the means referred to in article 16, the parties shall have the right to

enforce all their rights and be bound by all the obligations contained

in the contract of cohabitation.

(2) Any respective rights and, or obligations in the contract of

cohabitation which are triggered by the separation of the cohabitants

or as soon as the parties are no longer cohabiting shall come into

effect immediately upon such separation or end of cohabitation, and

not only upon the termination of the contract of cohabitation in

accordance with article 16

Provided that no action presented between persons who

are, or were at any time cohabitants shall be considered null or

vitiated due to illegal or unlawful considerations.

Every action made under articles 16 and 17 shall be made

within the peremptory period of two years from when the parties

terminate the contract of cohabitation or from when the parties are no

longer cohabiting together, whichever occurs last, except for those

actions relating to children, which actions are not limited by time.

(1) If the cohabitants terminate the contract of Where the

cohabitation in accordance with article 16(b) while they are still parties

into a new

cohabiting, and subsequently they wish to enter into another contract contract

together.

of cohabitation together, this contract may not be published and

registered without the authorisation of the competent Court, which

Court shall ensure that nothing in this contract goes against the best

interest of the dependent children, if appropriate, or places any one of

the parties in a vulnerable situation when compared to the contract

which has been terminated by the cohabitants.

(2) In every instance where the Court is requested to give its

authorisation to the publication and registration of a contract of

cohabitation in accordance with the preceding sub-article it shall, if it

feels that it is appropriate to ensure that this contract is not being done

with abuse of a party over the other party, hear the parties viva voce.

Part IV

Cohabitation by means of a unilateral declaration

A cohabitant who wishes to acquire the basic rights and Unilateral

duties listed in article 30 in relation to the cohabitant with whom he declaration.

has been cohabiting for a period of at least two years, which

cohabitant is refusing to enter into a contract governing the

cohabitation between them under this Act, may do so by a unilateral

declaration by judicial letter in accordance with this Act

Provided that such unilateral declaration shall not

terminate the rights which the cohabitants already enjoy as a result of

their de facto cohabitation.

(1) For the unilateral declaration by means of the Formalities of a

judicial letter mentioned in the previous article to create rights and unilateral

declaration.

obligations which are legally valid and enforceable under this Act, it

must indicate, clearly and unequivocally, the following

(a)

the personal details of the cohabitants, including

their identity card number;

(b)

the address where the cohabitants are residing

together;

(c)

a declaration to the effect that there is nothing

precluding the said cohabitants from entering into a legally

valid contract of cohabitation taking into account that which is

set forward in article 5;

(d) the date from which the parties may have been

referred to as cohabitants under this Act, and that from that date

onwards none of the conditions set forward in article 5 were in

place; and

(e)

a clear declaration, on pain of nullity, on the grounds

upon which the judicial act is made.

(2) The content of the said judicial letter shall be confirmed on

oath by the applicant before the Registrar of the Court or a legal

procurator appointed as Commissioner for oaths under the

Commissioners for Oaths Ordinance, and shall be notified to the other

party, provided that the provisions of sub-articles (3), (5) or (6) of

article 187 of the Code of Organization and Civil Procedure may not

be used to effect the service of the said judicial letter.

(3) The judicial letter must also contain, on pain of nullity, a

formal notice to the respondent that if he does not reply within sixty

days from when he is served with the said judicial letter by presenting

a note in the acts of that judicial letter in accordance with the

subsequent article, he shall automatically be bound to the basic rights

and duties under this Act with the other party, and in absence of proof

to the contrary, the judicial letter shall constitute the necessary proof

that the cohabitation between the parties commenced on the date

indicated by the applicant.

By means of a note presented in the acts of the said judicial

letter, the respondent may, within sixty days from the date of

notification

(a)

reject the claim on the ground that the parties are not

truly cohabiting as required by this Act;

(b) oppose the date from which such cohabitation

should be presumed to be in conformity with this Act, in which

case the basic rights and duties referred to in this Act shall be

deemed to have come into effect from the date mentioned by the

respondent, save for the right of the applicant to provide

evidence by sworn application that the date was indeed the one

referred to in the judicial letter

Provided that where the cohabitation between the

parties did not comply with article 21(1)(d) on the date referred

to in the unilateral declaration, the date of commencement of

cohabitation shall, for all purposes of the law, be considered to

be the date from which the cohabitation could have been

registered under the same article 21(1)(d), even where the

respondent made no objection to that point during the stipulated

time;

(c)

present a contract of cohabitation drawn up and

registered under this Act, in which case the judicial letter will be

considered null and void.

The judicial letter referred to in articles 20 and 21, as well Judicial letter.

as the respondent’s note referred to in article 22 shall, on pain of

nullity, be notified to the Registrar by the party which presented the

judicial letter and, or the note, as appropriate.

(1) The rights and duties acquired under the provisions Rights and

of article 20, provided that there was no opposition on the part of the duties acquired.

respondent, shall be rescinded and declared null and without effect if

a request by an application is lodged before the Civil Court (Family

Section) or the Court of Magistrates (Gozo) (Family Section)

(Superior Jurisdiction), as appropriate, by the respondent within

twenty days from the first notification served unto him of any

executive warrant, any other judicial act or any criminal case based

on those rights and duties, and the Court is satisfied

(a)

that the respondent did not have knowledge of the

judicial letter because he was not duly notified; or

(b) that the judicial letter did not contain the

requirements set out in article 21

Provided that this application shall be appointed for

hearing within two weeks.

(2) In the event of a criminal case based on the duties of a

party arising from this Act with which the competent Court has yet to

decide whether the same duties obtained under article 20 should be

rescinded and declared null and void, the Court of Magistrates as a

Court of Criminal Judicature shall defer the case for another date.

(3) Without prejudice to article 25, no objection, except that

which is specifically prescribed in this article, shall prevent the issue

or execution of any executive act or be regarded as a valid reason at

law not to honour the duties of the respondent under this Act or

reason for the establishment or deferral of criminal proceedings

arising from a dereliction of duties pursuant to this Act.

(1) A judicial letter issued in accordance with the Registration of

provisions of this Act may not be used to enforce the rights and duties the

letter.

referred to in the same act unless it has been registered in accordance

with the provisions of this article, which should apply for the

registration of those judicial letters as instruments which create rights

and obligations that are legally valid and enforceable.

(2) The applicant for the registration of the judicial letter shall

submit an authentic copy of the judicial letter to the Registrar,

including proof of service and a copy of every reply received thereto,

if any.

(3) Once the documents referred to in sub-article (2) are

received, the Registrar shall examine the documents submitted, check

whether the respondent has lodged a note in accordance with article

22 within the established time limit and if he is satisfied that the

conditions for the registration of the judicial letter as conferring rights

and duties which are legally valid and enforceable subsist, he shall

proceed to register the documents presented in the Register of

Cohabitation.

A judicial letter issued in accordance with the articles of

this Act may not be used to enforce the rights and duties referred to in

this Act once a contract governing the cohabitation of the said parties

according to this Act is registered.

A unilateral declaration of cohabitation has legal effects

only with regard to the parties.

A unilateral declaration of cohabitation under this Act can

only be registered until five years from the entry into force of this

Act.

Without prejudice to the preceding article, the rights and

duties of cohabitants in a cohabitation regulated by a unilateral

declaration in accordance with the provisions of this Act, as well as

the same cohabitation, remain valid and enforceable.

Part V

Basic Rights and Duties

(1) The basic rights and duties referred to in this Act are as

follows

(a)

the right to certain movables found in the ordinary,

primary, common home of the parties under article 31;

(b)

the right to financial aid under article 32;

(c)

the right of the cohabitant to continue to reside in

the ordinary, primary, common home for a reasonable period of

time after the separation under article 33;

(d)

the duty to pay for utilities under article 34;

(e)

the right of the surviving cohabitant to reside in the

ordinary, primary, common residence of the parties under article

Għandu jkun hemm preżunzjoni iuris tantum illi l- Dritt għal ċertu

koabitanti għandhom dritt għall-porzjon ugwali mill-mobbli li jinsabu mobbli.

fid-dar ordinarja, primarja, komuni tagħhom li ġew akkwistati waqt

il-perjodu ta’ koabitazzjoni stabbilit skont il-kuntratt ta’ koabitazzjoni

reġistrat, jew skont il-proviso tal-artikolu 21(b), skont il-każ, kemm-il

darba dawk il-mobbli ma kenux mogħtija lil koabitant jew ieħor

b’donazzjoni, rigal personali jew ġew devoluti fuqhom b’suċċessjoni

mingħand terzi

Iżda f’dan l-artikolu, ‘mobbli’ għandha tinkludi mobbli

dekorattivi u ornamentali miżmuma fid-dar ordinarja, primarja,

komuni tal-koabitanti jew dar li għal xi żmien kienet id-dar ordinarja,

primarja, komuni tal-istess koabitanti u għandha teskludi flejjes,

titoli, vetturi u annimali domestiċi.

(1) Fejn il-koabitanti għandhom wild jew ulied Dritt għal

dipendenti li huma żgħar fl-età jew għandhom diżabilità, kemm waqt għajnuna

finanzjarja.

il-perjodu ta’ koabitazzjoni kif ukoll f’każ ta’ firda, dik il-parti li tkun

qed tieħu ħsieb it-trobbija tal-wild jew tal-ulied imsemmija u li

minħabba l-età tagħhom jew id-diżabilità tagħhom l-imsemmija parti

tkun finanzjarjament dipendenti fuq il-parti l-oħra, għandha d-dritt

titlob għajnuna finanzjarja mingħand il-parti l-oħra biex tagħmel

tajjeb għal dan l-iżvantaġġ ekonomiku.

(2) L-għajnuna finanzjarja msemmija f’dan l-artikolu tista’

tkun waħda perjodika jew f’somma globali u l-Qorti, qabel tasal

għad-deċiżjoni tagħha, għandha, fost affarijiet oħra, tikkunsidra ċ-

ċirkostanzi segwenti

(a)

iċ-ċirkostanzi finanzjarji, il-ħtiġijiet u l-obbligi ta’

kull wieħed mill-koabitanti fid-data tat-talba;

(b) id-drittijiet u l-benefiċċji li l-koabitant ikun

legalment marbut bihom ma’ persuna li kienet konjuġi tiegħu

jew f’unjoni ċivili miegħu f’perjodu preċedenti, b’dan illi d-

drittijiet tal-imsemmija konjuġi m’għandhomx jiġu mittiefsa;

(ċ)

id-drittijiet u l-benefiċċji ta’ kull wild dipendenti

jew ta’ xi wild minn relazzjoni preċedenti ta’ kull wieħed mill-

koabitanti b’dan illi d-drittijiet tal-imsemmija ulied

m’għandhomx jiġu mittiefsa;

(d) kull kontribuzzjoni magħmula minn xi wieħed mill-

koabitanti sabiex jieħu ħsieb id-dar ordinarja, primarja, komuni

u, jew l-imsemmija wlied;

(e)

l-effett fuq il-ħila ta’ qligħ ta’ kull wieħed mill-

koabitanti konsegwenza tar-responsabilitajiet li għandhom jew

kellhom matul il-perjodu li fih għexu l-partijiet bħala koppja

koabitanti u l-grad li l-kapaċità ta’ qligħ futur tal-partijiet ġie

mnaqqas minħabba f’li l-koabitant ikun ċeda jew tilef l-

opportunità ta’ attività bil-qligħ sabiex jieħu ħsieb id-dar

ordinarja, primarja, komuni u, jew l-imsemmija wlied;

(f)

kwalunkwe inkapaċità fiżika jew mentali tal-

koabitanti; u

(ġ) il-kondotta ta’ kull wieħed mill-koabitanti jekk il-

kondotta hi b’mod illi, fl-opinjoni tal-Qorti, ikun inġust jekk ma

tiġix meqjusa.

(3) Qabel tasal għad-deċiżjoni tagħha, il-Qorti tista’ tordna li

jingħata avviż lil xi persuna jew persuni oħra li hija tispeċifika u tista’

tisma’ lill-imsemmija persuna jew persuni fuq dawn it-termini u fir-

rigward ta’ dawk l-affarijiet li hija taħseb li huma xierqa fl-interessi

tal-ġustizzja.

(4) L-għajnuna finanzjarja imsemmija f’dan l-artikolu ma

tistax tintalab għal perjodu preċedenti għaż-żmien li fih tkun qiegħda

ssir it-talba.

(5) Mingħajr preġudizzju għas-subartikoli preċedenti, jekk

koabitant li m’għandux ulied dipendenti żgħar fl-età jew b’diżabilità,

kemm waqt il-perjodu ta’ koabitazzjoni kif ukoll f’każ ta’ firda, huwa

finanzjarjament dipendenti fuq il-parti l-oħra u d-dipendenza

finanzjarja tiegħu hija riżultat tar-relazzjoni jew tat-tmiem tar-

relazzjoni mal-koabitant l-ieħor, dik il-parti għandha d-dritt titlob

għajnuna finanzjarja mingħand il-parti l-oħra.

(6) Qabel tiddetermina jekk tilqax it-talba msemmija fis-

subartikolu preċedenti jew le, il-Qorti għandha tikkunsidra

(a)

ċ-ċirkostanzi msemmija fl-artikolu 32(2);

(b)

t-tul tar-relazzjoni bejn il-partijiet;

(ċ)

l-bażi li fuqha daħlu għar-relazzjoni l-partijiet;

(d)

l-grad ta’ impenn tal-partijiet lejn xulxin;

(e)

l-età tal-partijiet; u

(f)

il-kapaċità tal-parti li qed tagħmel it-talba li ssib

xogħol bi qligħ.

(7) Il-Qorti tista’, jekk tħoss li għandha tilqa’ t-talba, tagħmel

dan limitatament għal perjodu ta’ żmien jew sakemm tissussisti

ċirkostanza jew ċirkostanzi partikolari.

(8) Il-Qorti m’għandhiex tilqa’ t-talba jekk temmen illi jekk

tingħata l-għajnuna finanzjarja lil waħda mill-partijiet tkun qiegħda

ssir inġustizzja mal-parti l-oħra.

(9) Jekk il-Qorti, fuq talba magħmula minn wieħed mill-

koabitanti, wara li tqis kull bidla fiċ-ċirkostanzi tal-każ u xi evidenza

ġdida, inkluż xi varjazzjoni b’ordni oħra tal-Qorti magħmula favur xi

persuna li magħha l-koabitant kien miżżewweġ jew f’unjoni ċivili,

jew evidenza li l-parti li qiegħda tirċievi l-għajnuna finanzjarja

għanda introjtu adegwat tista’, jekk tikkonsidra li jkun xieraq, tvarja

b’ordni kull ordni oħra magħmula taħt dan l-artikolu.

(10) Id-drittijiet emanenti minn dan l-artikolu jintemmu,

mingħajr bżonn li ssir talba għal dan l-għan, malli l-parti li tkun

qiegħda tirċievi l-għajnuna finanzjarja tikkuntratta żwieġ jew unjoni

ċivili, kif ukoll jekk tkun f’koabitazzjoni, anke jekk biss waħda de

facto, ma’ persuna oħra.

(1) F’każ ta’ firda bejn il-koabitanti, kull koabitant Dritt għall-

ikollu d-dritt illi jibqa’ jabita fid-dar ordinarja, primarja, komuni għal abitazzjoni

l-firda.

perjodu illi l-Qorti tħoss illi huwa raġjonevoli skont iċ-ċirkostanzi

Iżda f’każ li l-koabitanti jgħixu fl-imsemmija dar

ordinarja, primarja, komuni permezz ta’ kirja legalment kostitwita, l-

imsemmi dritt japplika biss sakemm is-sid tad-dar ordinarja, primarja,

komuni ma jġeddidx kuntratt illi jkun wieħed li jiġġedded b’mod

awtomatiku u s-sid tad-dar ordinarja, primarja komuni jkun bagħat ittra

uffiċjali lill-koabitanti bħala pre-avviż ta’ din id-deċiżjoni..

(2) Il-perjodu msemmi fis-subartikolu preċedenti għandu jkun

intiż limitatament sabiex il-koabitant li ma jgawdix drittijiet reali fuq

l-imsemmija dar ikollu ċans isib akkomodazzjoni alternattiva

adegwata.

F’każ ta’ firda bejn il-koabitanti meta m’hemm l-ebda Dmir ta’ ħlas ta’

digriet ta’ Qorti kompetenti jew ftehim bil-miktub bejn il-koabitanti li utilitajiet.

jgħid xort’oħra, għandu jkun hemm preżunzjoni iuris tantum illi l-

koabitanti għandhom id-dmir illi jħallsu għall-utilitajiet kollha relatati

mad-dar ordinarja, primarja, komuni li fiha jirrisjedu fi kwoti ndaqs

bejniethom għall-perjodu li kienu jirrisjedu fiha, irrispettivament

mill-fatt illi l-kontijiet tal-imsemmija utilitajiet jkunu jgħajtu lill-

koabitant wieħed biss.

(2) The rights and duties listed in the preceding sub-article

shall apply automatically in the case of cohabitation by means of a

contract between the parties, as well as in the case of cohabitation by

means of a unilateral declaration.

31. There shall be a iuris tantum presumption that cohabitants Right to certain

are entitled to an equal portion of the movables found in the ordinary, movables.

primary, common home which were acquired during the period of

cohabitation established under the registered contract of cohabitation

or under the proviso of article 21(b), as appropriate, unless those

movables were not given to either one of the cohabitants by a

donation, personal gift or were devolved upon them by succession

from third parties

Provided that in this article, ‘movables’ shall include the

ornamental and decorative movables kept at the ordinary, primary,

common home of the cohabitants or such house which was

considered the ordinary, primary, common home of the cohabitants

for some time, and shall exclude moneys, securities, vehicles and

domestic animals.

32. (1) Where the cohabitants have a dependent child or Right to

children who are young or disabled, both during the period of financial aid.

cohabitation and in the event of separation, the party who is taking

care of the upbringing of the said child or children and because of

their age or disability, is financially dependent on the other party,

shall have the right to ask for financial assistance from the other party

to make good for the economic disadvantage.

(2) The financial aid referred to in this article may be periodic

or lump sum and the Court, before reaching its decision, shall

consider, among others, the following circumstances

(a)

the financial circumstances, requirements and

obligations of each cohabitant at the date of the request;

(b) the rights and benefits that the cohabitant is legally

bound with to a person with whom he had previously contracted

marriage or civil union in a previous period, so however that the

rights of that person shall remain unaffected;

(c)

the rights and benefits of each dependent child or of

any child from a previous relationship of each cohabitant so

however that the rights of the said children shall remain

unaffected;

(d) every contribution made by any one of the

cohabitants to look after the ordinary, primary, common home

and, or the said children;

(e)

the effect on the earning capacity of each cohabitant

as a consequence of the responsibilities that they have or had

during the period within which the parties have lived as a

cohabiting couple, and the degree to which the capacity of

future earnings of the parties was reduced because the

cohabitant has relinquished or lost the opportunity of gainful

activity in order to take care of the ordinary, primary, common

home and, or the children;

(f)

any physical or mental incapacity of the cohabitants;

and

(g) the conduct of each cohabitant if the conduct is such

that in the opinion of the Court, it would be unfair if it is not

taken into account.

(3) Before reaching its decision, the Court may order to give

notice to any other person or persons whom it specifies and may hear

the person or persons on such terms and in relation to those matters

which it deems appropriate in the interests of justice.

(4) The said financial aid in this article cannot be requested for

a period preceding the time when the request is being made.

(5) Without prejudice to the preceding sub-articles, if a

cohabitant who has no dependent young or disabled children, both

during the period of cohabitation as well in the case of separation, and

is financially dependent on the other party and his financial

dependency is a result of the relationship or the end of such

relationship with the other cohabitant, that party has the right to

request financial aid from the other party.

(6) Before determining whether to grant or reject the request

mentioned in the previous sub-article, the Court shall consider

(a)

the circumstances referred to in article 32(2);

(b)

the duration of the relationship between the parties;

(c)

the basis on which the parties have entered that

relationship;

(d)

the degree of commitment of the parties to each

other;

(e)

the age of the parties; and

(f)

the capacity of the requesting party to find gainful

employment.

(7) The Court may, if it feels it should grant the request, do so

for a limited period of time or decide to grant such request until the

existence of particular circumstance or circumstances subsist.

(8) The Court shall not grant the demand if it believes that the

granting of financial aid to one of the parties would constitute an

injustice to the other party.

(9) If the Court, upon a request made by one of the

cohabitants, having regard to any change in the circumstances of the

case and to any new evidence, including some variation by another

order of the Court made in favour of any person with whom the

cohabitant was married or in a civil union with, or evidence that the

party receiving the financial aid has adequate income may, if it

considers it appropriate, by order vary any other order made under

this article.

(10) The rights arising from this article are terminated, without

the need to request such termination, as soon as the party receiving

the financial aid contracts a marriage or civil union, as well as if such

party is cohabiting, even if only in de facto form, with another person.

33. (1) In case of separation between the cohabitants, each Right of

cohabitant has the right to continue to reside in the ordinary, primary, habitation

separation.

common home for a period which the Court considers reasonable

under the circumstances

Provided that in the case where the cohabitants live in the

said ordinary, primary, common home by means of a legally

constituted lease, such right shall apply only until the owner does not

extend a contract that is automatically extended, and the owner has sent

an official letter to the cohabitants giving prior notice that the said

contract is not going to be extended.

(2) The period referred to in the previous sub-article shall be

interpreted limitedly to allow the cohabitant who does not enjoy real

rights on the said ordinary, primary, common home to find suitable

alternative accommodation.

34. In case of separation between the cohabitants, when there

is no decree of a competent Court or written agreement between the

cohabitants stating otherwise, there should be a rebuttable

presumption that cohabitants have the duty to pay for all utilities

related to the ordinary, primary, common home in which they reside

in equal shares among themselves for the period they resided in it,

irrespective of whether the accounts of the utilities are addressed to

one cohabitant only.

35. (1) In the case of death of one of the cohabitants, the

survivor shall be entitled to the right of habitation over the ordinary,

primary, common home of the cohabitants for a period of years

equivalent to the number of years that they had been cohabiting

Provided that this number of years cannot exceed fifteen

years.

(2) The survivor is entitled to the said right vita durante or

until he enters into another contract of cohabitation, marriage or civil

union.

During a unilaterally declared cohabitation, the cohabitant,

or at the end of such cohabitation, a person who was cohabiting with

another person and has the basic rights and duties emanating from

this Act, may obtain the said rights and enforce the said duties upon

request by means of an application in the Civil Court (Family

Section) or the Court of Magistrates (Gozo) (Family Section)

(Superior Jurisdiction).

Every action made under article 36 shall be made within

two years from when the parties are no longer cohabiting together

Provided that no action can be taken under this Act from

the date of registration of a marriage or civil union between the

parties, without prejudice to any outstanding action they had

commenced before that date.

Part VI

General provisions

When two cohabitants contract a marriage or civil union

between them

(a)

the

contract

of

cohabitation,

concluded

and

registered; or

(b) the provisions of the law in the context of a

unilateral declaration of cohabitation;

shall immediately be null and void with regard to the parties, who,

from the date when the marriage or civil union is contracted, shall

have no right of action on the basis of their cohabitation against each

other.

None of the provisions of this Act shall prejudice the rights Rights of third

parties.

of third parties in relation to any cohabitant.

(1) Where a request is made for action under this Act to Mediation.

the competent Civil Court by one or the other cohabitants, or by both

of the cohabitants who have agreed to end their cohabitation, save the

action contemplated in article 17, before granting authorisation to the

cohabitant or cohabitants to proceed with the cause, the Court shall

summon the parties to appear before a mediator, either appointed by

the Court itself or with the consent of both parties, so that where they

have not already agreed on the terms of separation, such mediator

helps the parties reach a contract of separation from the cohabitation

on an agreed basis

Provided that where the Court is presented with evidence

of domestic violence between the cohabitants, the Court shall not

summon the parties to appear before a mediator

Provided also that where, during the mediation, the

mediator becomes aware of any incident of domestic violence, he

shall immediately cease the mediation and inform the Court on the

matter.

(2) This agreement shall include the following terms, as

applicable and if appropriate

(a)

the care and custody of the children;

(b)

the access of the two parties to the children;

(c)

the maintenance of the cohabitants, or of one of

them, and of each child;

(d) the ordinary, primary, common home where the

parties have resided as cohabitants;

(e)

other rights emanating from this Act but which the

parties wish to come to an independent agreement on.

(3) In all procedures of separation in the case of cohabitation

before the competent Civil Court made upon request of one of the

cohabitants or both, having agreed that their cohabitation shall be

terminated, even where the cohabitants are separated by contract or

by a judgement given by the competent Court, the Court may, when it

deems it necessary on its own initiative, or at the request of the

mediator or one of the cohabitants

(a)

appoint a children’s advocate to represent the

interests of the minor children of the parties, or of any of them;

and

(b) hear the minor children of the parties, or any of

them, where it considers it to be in their best interest to do so

Provided that in all procedures of separation from

cohabitation before the competent Civil Court as referred to in this

article, the Court may order the parties to submit information about

the payment of children’s maintenance.

The Minister may make regulations to establish the

procedure relating to mediation between the parties as provided for in

this subtitle.

In the absence of specific regulations the Civil Court

(Family Section), the First Hall of the Civil Court and the Court of

Magistrates (Gozo) (Family Section) (Superior Jurisdiction)

Regulations shall, mutatis mutandis, apply to any action brought

under this Act with the exclusion of the action contemplated in article

17.

(1) When the cohabitants have contracted and registered

their cohabitation outside of Malta, or when their cohabitation is

already governed by foreign legislation and both of them wish for

their cohabitation to have the same legal effects as cohabitations

registered in Malta, they shall enter into a contract of cohabitation by

means of a public deed for which a certificate of cohabitation as

prescribed in the Schedule of this Act shall be issued.

(2) In this case, in order for the rights and duties arising from

this Act to apply to the parties with regard to their cohabitation,

which has been registered under this Act, they shall

(a)

provide to the notary drawing up the contract

documents showing that the cohabitation of the parties is indeed

recognised in the said foreign jurisdiction which governed their

cohabitation, which documents the notary shall annex to the

contract;

(b) lay down the date on which the said cohabitation

was recognised in the foreign country in question;

(c)

lay down the rights and duties which the cohabitants

shall be bound by in an unequivocal manner in the contract,

provided that these shall at least match the minimum

requirements under article 8;

(d) make a declaration in the same public deed stating

that they wish to have the rights and duties emanating from their

cohabitation, if and when claimed before the Maltese Courts,

regulated under this Act and not be subject to any other foreign

law.

(3) In this case, the date upon which the cohabitation should

be considered to have been constituted between the parties in this

case shall be deemed to be, for all intents and purposes of this Act, the

date stated in the contract of cohabitation of the parties in accordance

with sub-article (2)(b), and not the date on which the cohabitation has

been registered under this Act.

(4) All articles, with the exception of those relating to the

constitution of registered cohabitation referred to in this Act with

regard to registered cohabitation between two cohabitants shall apply

mutatis mutandis for recognition of cohabitation according to this

article.

When cohabitants are entitled to maintenance under a Duty of

contract of cohabitation or under this Act and, or, ordered by a cohabitants

regarding

competent Court, they shall immediately notify the department of maintenance.

social services

Provided that if the cohabitants fail to do so, all benefits

given and which were not due shall be refunded to the department

Provided further that if it is proven that a cohabitant

knowingly failed to observe the provisions of this article, he shall

upon conviction be liable to the punishment envisaged for fraud in

social benefits.

Wherever in the Laws of Malta it is considered that there is Conflict of

or may be a conflict of interest due to affinity between two persons, in interest.

any circumstance, this shall be construed as applying also to

registered, unilaterally declared or de facto cohabitants.

(1) Articles 1028A and 1028B of the Civil Code shall Unjustified

apply where a cohabitant feels that by means of the relationship of enrichment.

cohabitation, the other cohabitant has unjustly enriched himself, to

the damage of the former cohabitant.

(2) The action for the payment of damages caused in this

manner are barred by the lapse of two years from when the effect of

the unjustified enrichment ceases.

The Minister may make regulations to implement and give

better effect to the provisions of this Act, and without prejudice to the

generality of the foregoing, may prescribe anything which shall be

done or may be prescribed and provide for any consequential thing,

incidental to or connected to the provisions of this Act.

Part VII

Consequential amendments

Article 196A of the Criminal Code shall be substituted as

follows

196A. (1) The offence provided for in article

"Bigamy

involving a civil

196 shall also be committed and the punishments

union

and

provided in the said article shall also apply to

cohabitation.

(a) any partner to a civil union contracted or

recognised under the Civil Unions Act;

(b) any cohabitant, declared or recognised

under the Cohabitation Act;

who, during the subsistence of a valid civil union or

cohabitation, contracts another marriage, civil union or

cohabitation.

(2) The offence provided for in article 196 shall

also be committed and the punishments provided in

the said article shall also apply to any person who,

during a marriage validly contracted, enters into civil

union or cohabitation by contract or a unilateral

declaration made by that person, or when notified of a

unilateral declaration of cohabitation does not oppose

it on grounds that he is already married.".

In sub-article (2) of article 633 of the Criminal Code

immediately after the words "against the husband or wife," there shall

be added the words "against his civil union partner or against his

cohabitant,".

Article 635 of the Criminal Code shall be amended as

follows

(a)

in sub-article (1), the words "the wife or husband"

shall be substituted by the words "spouse, civil union partner or

cohabitant";

(b)

in sub-article (1)(b), immediately after the words

"the spouse" there shall be added the words "the civil union

partner or the cohabitant";

(c)

in sub-article (1)(c), the words "his wife or her

husband" shall be substituted by the words "his spouse, civil

union partner or cohabitant";

(d) in sub-article (2), the words "husband or wife" shall

be substituted by the words "spouse, civil union partner or

cohabitant".

Article 566 of the Code of Organization and Civil Amendment of

article 566 of

Procedure shall be amended as follows

the Code of

Organization

and Civil

(a)

the marginal note thereof shall be substituted as

Procedure,

follows

"Admissibility of spouses, civil union partners and

cohabitants of party to a suit as witness." ;

(b) in sub-article (1), the words "husband or wife" shall

be substituted by the words "spouse, civil union partner or

cohabitant";

(c)

sub-articles (1)(a) (b) shall be substituted by the

following

"(a) that the spouse, civil union partner or cohabitant

may not be compelled to disclose any communication

made to him by his spouse, civil union partner or

cohabitant during the marriage, civil union, or

cohabitation, and vice versa;

"(b) that the spouse, civil union partner or cohabitant

may not be compelled to answer any question tending to

incriminate his spouse, civil union partner or

cohabitant."; and

(d) in sub-article (2), the words "husband or wife" shall

be substituted by the words "spouse, civil union partner or

cohabitant".

Article 114 of the Civil Code shall be amended as follows

Amendment of

article 114 of

the Civil Code,

(a)

sub-article (2) shall be substituted as follows

"(2) An adoption decree may be made on the

application of two spouses, civil union partners or

cohabitants in a de facto or registered cohabitation, who

are living together, authorizing them jointly to adopt a

person and may not be made on the application of only

one of such spouse, civil union partner or cohabitant in a

de facto or registered cohabitation

Provided that where the person to be adopted is

the natural offspring of either of the spouses, civil union

partners or cohabitants in a de facto or registered

cohabitation then, subject to the provisions of article

115(3)(c), the adoption decree may be made

notwithstanding that the application is made only by the

natural parent of the person to be adopted and the court

shall not be bound to request or review the

recommendation of the Adoption Board.";

(b) in sub-article (3), immediately after the words "two

spouses living together" there shall be added the words "civil

union partners or cohabitants in a de facto or registered

cohabitation".

In sub-article (2)(a)(ii) of article 115 of the Civil Code

immediately after the word "spouse", wherever it occurs, there shall

be added the words "civil union partner or cohabitant".

Article 50 of the Notarial Profession and Notarial Archives

Act shall be amended as follows

(a)

immediately after paragraph (d) there shall be added

the following new paragraph

"(e) stating any contract of cohabitation"; and

(b) paragraphs (e) to (o) to shall be renumbered as

paragraphs (f) to (p) respectively.

In article 6 of the Land (Compulsory Eviction) Act the

words "husband or wife" shall be substituted by the words "spouse,

civil union partner or cohabitant".

In article 6 of the Marriage Act immediately after the

words "by a previous marriage" there shall be added the words "or by

a registered cohabitation or a unilaterally declared cohabitation under

the Cohabitation Act".