MARRIAGE ACT (preamble—marriageact)

MARRIAGE

CHAPTER 255

MARRIAGE ACT

To regulate marriages and to provide for matters connected therewith or

ancillary thereto.

12th August, 1975;

1st October, 1975

ACT XXXVII of 1975, as amended by Acts XXXIV of 1981, III of 1983, I

and XXIV of 1995, IX of 2000, XXXI of 2002, IX of 2004, I of 2005, III of

2008, XV of 2009 and XXI of 2014, XV of 2017 and XXIII of 2017and

XXVII and LXV of 2020 and XXII of 2025.

Preliminary

The title of this Act is Marriage Act.

Added by

I. 1995.15.

( ARTICLE 2)

Amended by

XXI. 2014.5.

AGREEMENT BETWEEN THE HOLY SEE AND MALTA ON THE

RECOGNITION OF CIVIL EFFECTS TO CANONICAL MARRIAGES AND TO

DECISIONS OF ECCLESIASTICAL AUTHORITIES AND TRIBUNALS ABOUT

THE SAME MARRIAGES *

(as amended by the Terzo Protocollo Addizzionale)

(The Agreement is in the Italian and English languages).

La Santa Sede e la Repubblica di Malta,

-

tenendo conto, da parte della Santa Sede, della dottrina cattolica sul

matrimonio, come è anche espressa nel Codice di Diritto Canonico, nonchè

dell’insegnamento del Concilio Ecumenico Vaticano II sulle relazioni tra

la Chiesa e lo Stato e, da parte della Repubblica di Malta, dei principi

sanciti nella Costituzione di Malta;

-

volendo assicurare, nel rispetto dei diritti fondamentali dell’uomo e dei

valori della famiglia basata sul matrimonio, una libera scelta in materia

matrimoniale;

hanno riconosciuto l’opportunità di addivenire ad un accordo sul riconoscimento

degl effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunal

ecclesiastici circa gli stessi matrimoni.

A tale fine la Santa Sede, rappresentata da Mons. Pier Luigi Celata, Arcivescovo

titolare di Doclea, Nunzio Apostolico a Malta, e la Repubblica di Malta,

rappresentata dal Prof. Guido de Marco, Vice Primo Ministro e Ministro per gli

Affari Esteri, hanno stabilito, di comune intesa, quanto segue.

Articolo 1

1. Sono riconosciuti gli effetti civili ai matrimoni celebrati a Malta secondo le

norme canoniche della Chiesa Cattolica, dal momento della loro celebrazione, a

condizione che

a)

risulti da un attestato del "Marriage Registrar" che sono state eseguite le

pubblicazioni richieste dalla legge civile, o che vi è stata dispensa dalle stesse,

costituendo tale attestato una prova definitiva ed insindacabile della regolarità delle

pubblicazioni o della dispensa dalle stesse

b)

il Parroco del luogo dove è stato celebrato il matrimonio trasmetta al

Registro Pubblico un esemplare originale dell’atto di matrimonio redatto nella forma

stabilita di comune intesa fra le Alte Parti, e sottoscritto dall’Ordinario del luogo o

dal Parroco o dal loro Delegato, che ha assistito alla celebrazione del matrimonio.

2. La Santa Sede prende atto che la Repubblica di Malta riconosce gli effetti

civili dei matrimoni canonici quando non sussista fra i contraenti un impedimento

che, secondo la legge civile, produca la nullità del matrimonio e che la stessa legge

civile consideri inderogabile o non dispensabile.

*Article 14 of Act I of 1995

14. For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to ratify

the Agreement between the Holy See and Malta on the recognition of Civil effects to canonical marriages

and to the decisions of the ecclesiastical authorities and Tribunals about the same marriages.

MARRIAGE

Articolo 2

1. L’atto di matrimonio deve essere trasmesso al Registro Pubblico per la debita

trascrizione entro cinque giorni utili dalla celebrazione del matrimonio.

2. Qual ora la trasmissione dell’atto di matrimonio non venga effettuata entro il

termine stabilito, rimane l’obbligo del Parroco di effettuarla al più presto possibile.

Le parti, o anche una di esse, hanno sempre il diritto di chiedere tale trasmissione.

La trasmissione tardiva non osta alla trascrizione.

3. Ove consti che le condizioni stabilite nell’articolo 1 siano state soddisfatte, il

Direttore del Registro Pubblico trascrive l’atto di matrimonio e, al più presto

possibile, ne dà notizia in iscritto al Parroco.

Articolo 3

La Repubblica di Malta riconosce per tutti gli effetti civili, nei termini del

presente Accordo, le sentenze di nullità e i decreti di ratifica di nullità di matrimonio

emessi dai tribunali ecclesiastici e diventati esecutivi.

Articolo 4

La Chiesa illuminerà i futuri sposi in merito alla specifica natura del matrimonio

canonico e, di conseguenza, alla giurisdizione ecclesiastica in materia di vincolo

matrimoniale.

I futuri sposi prenderanno formalmente atto di ciò, per accettazione, in iscritto.

Articolo 5

Le sentenze di nullità e i decreti di ratifica di nullità di matrimonio emessi dai

tribunali ecclesiastici sono riconosciuti come efficaci per gli effetti civili, a

condizione che

a)

dalle parti, o da una di esse, sia presentata domanda alla Corte d’Appello

insieme con una copia autentica della sentenza o decreto, e con una dichiarazione di

esecutività secondo ii diritto canonico rilasciata dal tribunale che ha emanato la

decisione esecutiva;

b)

consti alla Corte d’Appello che

(i) il tribunale ecclesiastico era competente a conoscere della causa di nullità

del matrimonio in quanto questo era stato celebrato secondo la forma canonica della

Chiesa Cattolica o con dispensa da essa;

(ii) nel procedimento giudiziario cononico è stato assicurato alle parti il diritto

di agire e di resistere in giudizio, in modo sostanzialmente non difforme dai principi

della Costituzione di Malta;

(iii) nel caso di un matrimonjo celebrato a Malta dopo l’11 agosto 1975 è stato

consegnato, o trasmesso, al Registro Pubblico l’atto di matrimonio prescritto dalla

legge civile;

(iv) non esiste una sentenza contraria emanata dai tribunali civili e passata in

giudicato, basata sugli stessi capi di nullità.

Articolo 6

Le disposizioni di cui agli articoli 3 e 5 si applicano anche

a) ai matrimoni canonici celebrati prima dell’entrata in vigore del presente

Accordo;

b) alle sentenze di nullità e ai decreti di ratifica di nullità di matrimonio emanati

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dai tribunali ecclesiastici tra il 16 luglio 1975 e l’entrata in vigore del presente

Accordo

(i) quando la domanda per il riconoscimento degli effetti civili sia presentata da

ambedue le parti o, almeno, da una di esse non contraddicente l’altra parte;

(ii) nel caso che vi sia una parte contraddicente, quando, dopo che alla stessa

parte sia stato concesso dalla Corte d’Appello un termine, non superiore a due mesi,

per presentare istanza al tribunale ecclesiastico contro la sentenza di nullità o il

decreto di ratifica di nullità di matrimonio, sia trascorso inutilmente tale termine o,

se sia stata interposta l’istanza, il competente tribunale ecclesiastico abbia respinto

l’istanza o confermato la precedente sentenza di nullità o decreto di ratifica di nullità

di matrimonio.

Articolo 7

1. I decreti del Romano Pontefice "super matrimonio rato et non consummato"

sono riconosciuti per gli effetti civili dalla Repubblica di Malta, dietro richiesta,

accompagnata da copia autentica del decreto pontificio, presentata alla Corte

d’Appello dalle parti o da una di esse.

2. La Corte d’Appello ordina il riconoscimento dei decreti di cui al numero 1 del

presente articolo se consta ad essa che gli stessi decreti sono relativi a matrimoni

celebrati secondo le norme canoniche della Chiesa Cattolica

a)

dopo l’entrata in vigore del presente Accordo;

b) anche prima dell’entrata in vigore di questo Accordo, a condizione che la

copia del decreto sia presentata da ambedue le parti o almeno da una di esse non

contraddicente l’altra parte.

Articolo 8

Nell’espletamento delle proprie funzioni in ordine al riconoscimento dei decreti di

cui all’articolo 7, come pure delle sentenze di nullità e dei decreti di ratifica di

nullità di matrimonio di cui all’articolo 3, la Corte d’Appello non procede al riesame

del merito.

Articolo 9

Gli effetti civili derivanti dal riconoscimento di cui agli articoli 3 e 7 sono regolati

dalla legge civile.

Articolo 10

Se in avvenire sorgessero difficoltà di interpretazione o di applicazione del

presente Accordo, la Santa Sede e la Repubblica di Malta affideranno la ricerca di

un’ amichevole soluzione ad una commissione paritetica che sarà composta, per

parte della Santa Sede, dal Nunzio Apostolico a Malta e dal Presidente della

Conferenza Episcopale Maltese o da loro delegati, e, per parte della Repubblica di

Malta, dal Ministro della Giustizia e dall’Avvocato Generale o da loro delegati.

Articolo 11

Il presente Accordo entrerà in vigore al momento in cui le Parti si scambieranno

ufficiale comunicazione della avvenuta piena applicazione di tutte le disposizioni

dello stesso Accordo mediante gli strumenti giuridici propri dei rispettivi

ordinamenti.

Fatto alla Valletta, Malta, il tre febbraio millenovecentonovantatre, in doppio

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originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.

Per la Santa Sede

Per la Repubblica di Malta

(+Peir Luigi Celata)

(Guido de Marco)

PROTOCOLLO ADDIZIONALE

(as amended by the Terzo Protocollo Addizzionale)

Al momento della firma dell’Accordo sul riconoscimento degli effetti civili ai

matrimoni canonici e alle decisioni delle Autorità e dei Tribunali ecclesiastici circa

gli stessi matrimoni, la Santa Sede e la Repubblica di Malta, desiderando precisare

ulteriormente alcune disposizioni dello stesso Accordo per assicurarne un’accurata

applicazione ed evitare ogni difficoltà d’interpretazione, dichiarano di comune

intesa

I.

In relazione all’articolo 1,1.b)

a) Le Alte Parti stabiliranno, di comune intesa, il modulo dell’atto di matrimonio

prima dell’entrata in vigore dell’Accordo, mediante scambio di Note tra la

Nunziatura Apostolica ed il ministero degli Affari Esteri.

Esse seguiranno la stessa procedura qualora, in futuro, concordassero di apportare

modifiche a tale modulo.

b) Escluso il caso di pericolo di morte in cui si trovi almeno una delle parti, il

"Marriage Registrar", insieme all’ attestato di cui all’articolo 1,1.a), rilascia alle

parti un modulo dell’atto di matrimonio, debitamente riempito con tutti i dati relativi

agli sposi. Il modulo così preparato dev’essere consegnato alle parti al più presto

dopo la scadenza del periodo delle pubblicazioni e, in ogni caso, non più tardi di

quattro giorni prima della data fissata per la celebrazione del matrimonio. Spetta alle

parti di trasmettere immediatamente tale modulo al Parroco del luogo della

celebrazione. Qualora rilevi qualche discrepanza tra i dati relativi agli sposi come

risultano dal modulo di cui sopra e dai documenti canonici, il Parroco deve fare, al

più presto possibile, le opportune verifiche al fine di concordare col "Marriage

Registrar" la corretta stesura dello stesso modulo.

II. In relazione all’articolo 1,2

Ai fini dell’applicazione dell’articolo 1,2 si intendono come impedimenti

considerati inderogabili o non dispensabili dalla legge civile

a)

il difetto di età, che è di sedici anni compiuti per ambedue le parti;

b) l’infermità di mente di almeno una delle parti che renda incapace di contrarre

matrimonio;

c)

la consanguineità in linea retta e, fino al secondo grado, in linea collaterale;

d) la sussistenza di un precedente matrimonio, valido agli effetti civili, di almeno

una delle parti.

III. In relazione all’articolo 5,b.i)

Si considera che il tribunale ecclesiastico era competente a conoscere della causa

di nullità del matrimonio anche quando questo è stato impugnato per difetto di

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qualche elemento richiesto per la validità della forma canonica o della dispensa da

essa.

IV. In relazione agli articoli 6,b.i) e 7,2.b)

II termine perentorio per la presentazione della nota di contradizione alla Corte di

Appello è di dodici giorni utili dalla data della notifica fatta dalla stessa Corte alla

parte interessata.

V. Col termine "parroco" si intende anche ogni ecclesiastico equiparato al

parroco, o che lo sostituisce, a norma del diritto canonico.

Il presente Protocollo Addizionale fa parte integrante dell’Accordo sul

riconscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità

e dei tribunali ecclesiastici circa gli stessi matrimoni, contestualmente firmato tra la

Santa Sede e la Repubblica di Malta.

Fatto alla Valletta, Malta il tre febbraio millenovecentonovantatre, in doppio

originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.

Per la Santa Sede

Per la Repubblica di Malta

(+ Pier Luigi Celata)

(Guido de Marco)

Secondo Protocollo Addizionale

(Cancellato dal Terzo Protocollo Addizzionale - reproduced hereunder)

TERZO PROTOCOLLO ADDIZIONALE

La Repubblica di Malta e la Santa Sede considerano conveniente modificare le

disposizioni dell’Accordo tra la Santa Sede e la Repubblica di Malta sul

riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle

Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, e modificare il

relativo Protocollo Addizionale, entrambi firmati a Malta il 3 febbraio 1993, come

pure abrogare il relativo Secondo Protocollo Addizionale, firmato a Malta il 6

gennaio 1995.

La Repubblica di Malta e la Santa Sede hanno stabilito, di commune intesa,

quanto segue

Articolo 1

Definizioni

Nel presente Protocollo

"Accordo” significa l’Accordo tra la Repubblica di Malta e la Santa Sede sul

riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle

Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato a Malta il 3

febbraio 1993;

"Protocollo Addizionale" significa il Protocollo Addizionale dell’Accordo,

anch’esso firmato a Malta il 3 febbraio 1993;

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"Secondo Protocollo Addizionale" significa il Secondo Protocollo Addizionale

dell’Accordo, firmato a Malta il 6 gennaio 1995.

Articolo 2

Modificazione dell’Accordo

1. L’Articolo 4 paragrafo 1 dell’Accordo e` cancellato.

2. L’Articolo 4 paragrafo 2 e` rinumerato come Articolo 4.

Articolo 3

Modificazione del Protocollo Addizionale

1. Il paragrafo III del Protocollo Addizionale e` cancellato.

2. I paragrafi successivi sono rinumerati di conseguenza.

Articolo 4

Cancellazione del Secondo Protocollo Addizionale

Il Secondo Protocollo Addizionale e’ cancellato.

Il presente Terzo Protocollo Addizionale fa parte integrante dell’Accordo sul

riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle

Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato a Malta tra la

Santa Sede e la Repubblica di Malta il 3 febbraio 1993.

Fatto alla Valletta, Malta, il ventisette di gennaio 2014, in doppio originale in

lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.

Per la Repubblica di Malta

Per la Santa Sede

Il Ministro per gli Affari Esterni

Il Nunzio Apostolico

AGREEMENT BETWEEN THE HOLY SEE AND MALTA ON THE

RECOGNITION OF CIVIL EFFECTS TO CANONICAL MARRIAGES AND TO

DECISIONS OF ECCLESIASTICAL AUTHORITIES AND TRIBUNALS ABOUT

THE SAME MARRIAGES *

(as amended by the Terzo Protocollo Addizzionale)

The Holy See and the Republic of Malta,

- considering, on the part of the Holy See, Catholic doctrine on marriage, as

also expressed in the Code of Canon Law, as well as the teaching of the Second

Vatican Ecumenical Council on relations between the Church and the State, and, on

the part of the Republic of Malta, the principles enforced by the Constitution of

Malta;

- wanting to ensure, in line with fundamental human rights and the values of the

family based on marriage, a free choice in matters of marriage;

have recognized that it is opportune to reach an agreement on the recognition of civil

*Article 14 of Act I of 1995

14. For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to ratify

the Agreement between the Holy See and Malta on the recognition of Civil effects to canonical marriages

and to the decisions of the ecclesiastical authorities and Tribunals about the same marriages.

MARRIAGE

effects to canonical marriages and to the decisions of the ecclesiastical Authorities

and tribunals about the same marriages.

Wherefore, the Holy See, as represented by Msgr. Pier Luigi Celata, titular

Archbishop of Doclea, Apostolic Nuncio to Malta, and the Republic of Malta, as

represented by Prof. Guido de Marco, Deputy Prime Minister and Minister of

Foreign Affairs, have, by common accord, established as follows.

Article 1

1. Civil effects are recognized for marriages celebrated in Malta according to the

canonical norms of the Catholic Church, from the moment of their celebration,

provided that

a) it results from a certificate issued by the Marriage Registrar that the banns

required by civil law have been published, or that a dispensation from the same has

been granted; such certificate shall constitute definitive and conclusive proof of the

regularity of the banns or of the dispensation therefrom;

b) the Parish Priest of the place where the marriage was celebrated transmits to

the Public Registry an original of the act of marriage compiled in the form

established by common accord between the Parties, and signed by the local Ordinary

or the Parish Priest or their Delegate, who has officiated at the celebration of the

marriage.

2. The Holy See takes note that the Republic of Malta recognizes the civil effects

of canonical marriages where there does not exist between the spouses an

impediment that, according to civil law, produces the nullity of the marriage and that

the said civil law considers as mandatory or not dispensable.

Article 2

1. The act of marriage shall be transmitted to the Public Registry for due

transcription within five working days of the celebration of the marriage.

2. Should the transmission of the act of marriage not be effected within the

established time limit, it shall be the duty of the Parish Priest to effect the same as

soon as possible. The spouses, or either of them, always retain the right to demand

such transmission. Late transmission shall not be an obstacle to transcription.

3. When it is ascertained that the conditions laid down in article 1 have been

complied with, the Director of the Public Registry transcribes the act of marriage

and, as soon as possible, gives written notice of this to the Parish Priest.

Article 3

The Republic of Malta recognizes for all civil effects, in terms of this Agreement,

the judgements of nullity and the decrees of ratification of nullity of marriage given

by the ecclesiastical tribunals and which have become executive.

Article 4

The Church shall enlighten prospective spouses about the specific nature of

canonical marriage and, consequently, about ecclesiastical jurisdiction concerning

the marriage bond.

The prospective spouses shall, by way of acceptance, formally take note of this in

writing.

Article 5

The judgements of nullity and the decrees of ratification of nullity of marriage

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given by the ecclesiastical tribunals are recognized as producing civil effects,

provided that

a) a request is presented, by the parties or either of them, to the Court of Appeal

together with an authentic copy of the judgement or decree, as well as a declaration

of its executivity according to canon law issued by the tribunal that has given the

executive decision;

b)

the Court of Appeal ascertains that

(i) the ecclesiastical tribunal was competent to judge the case of nullity of the

marriage insofar as the marriage was celebrated according to the canonical form of

the Catholic Church or with a dispensation therefrom;

(ii) during the canonical judicial proceedings there was assured to the parties

the right of action and defense, in a manner substantially not dissimilar to the

principles of the Constitution of Malta;

(iii) in the case of a marriage celebrated in Malta after the 11 August 1975, there

has been delivered or transmitted to the Public Registry the act of marriage laid

down by the civil law;

(iv) there does not exist a contrary judgement pronounced by the civil tribunals

and which has become res judicata, based on the same grounds of nullity.

Article 6

The provisions of articles 3 and 5 apply also

a) to canonical marriages celebrated before the coming into force of this

Agreement;

b) to the judgements of nullity and to the decrees of ratification of nullity of

marriage given by the ecclesiastical tribunals between the 16 July 1975 and the

coming into force of the present Agreement

(i) if the request for the recognition of the civil effects is presented by both

parties or, at least, by one of them with the other party not dissenting; or

(ii) in case there is a dissenting party, if, after the Court of Appeal has granted to

this same party a time limit, not exceeding two months, to present a plea to the

ecclesiastical tribunal against the judgement of nullity or the decree of ratification of

nullity of marriage, such time limit has elapsed to no avail or, if the plea had been

entered, the competent ecclesiastical tribunal has rejected the plea or has confirmed

the previous judgement of nullity or decree of ratification of nullity of marriage.

Article 7

1. The decrees of the Roman Pontiff "super matrimonio rato et non consummato"

are recognized as regards civil effects by the Republic of Malta, upon request,

accompanied by an authentic copy of the pontifical decree, presented to the Court of

Appeal by the parties or by either of them.

2. The Court of Appeal shall order the recognition of the decrees referred to in

paragraph 1 of this article if it results to it that such decrees refer to marriages

celebrated according to the canonical norms of the Catholic Church

a) after the coming into force of this Agreement;

b) and also prior to the coming into force of this Agreement, on condition that the

copy of the decree is presented by both parties, or at least by one of them with the

other party not dissenting.

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Article 8

In the exercise of its specific functions as regards the recognition of the decrees

mentioned in article 7, as well as of the judgements of nullity or of the decrees of

ratification of nullity of marriage mentioned in article 3, the Court of Appeal does

not re-examine the merits of the case.

Article 9

The civil effects flowing from the recognition mentioned in articles 3 and 7 are

regulated by civil law.

Article 10

If in future there shall arise difficulties of interpretation or of application of the

present Agreement, the Holy See and the Republic of Malta shall entrust the search

for an amicable solution to a Joint Commission that shall be composed of the

Apostolic Nuncio to Malta and of the President of the Maltese Episcopal Conference

or of their delegates for the Holy See, and of the Minister for Justice and the

Attorney General or of their delegates for the Republic of Malta.

Article 11

The present Agreement shall come into force when the Parties exchange an

official communication that the full implementation of all its provisions through the

appropriate legal instruments according to their respective legal systems has taken

place.

Done at Valletta, Malta, on the third day of February, one thousand nine hundred

and ninety-three, in two originals, each in the Italian and English languages, both

texts being equally authentic.

For the Holy See

For the Republic of Malta

(+ Pier Luigi Celata)

(Guido de Marco)

PROTOCOL OF APPLICATION

(as amended by the Terzo Protocollo Addizzionale)

At the time of signature of the Agreement on the recognition of civil effects to

canonical marriages and to the decisions of the ecclesiastical Authorities and

tribunals about the same marriages, the Holy See and the Republic of Malta, desiring

to further specify certain provisions of the same Agreement to ensure their precise

application and to avoid all difficulties of interpretation, by common accord declare

I. With reference to article 1,1.b)

a) The Parties shall establish, by common accord, the form of the act of marriage

before the coming into force of the Agreement, through exchange of Notes between

the Apostolic Nunciature and the Ministry of Foreign Affairs.

They shall follow the same procedure should they, in future, agree to modify the

said form.

b) Except in case of danger of death in which at least one of the parties finds

itself, the Marriage Registrar shall, together with the certificate mentioned in article

1,1. a), issue to the parties a form of the act of marriage, duly filled in with all the

information referring to the spouses. The form so prepared shall be consigned to the

parties as early as possible after the completion of the period of publication of the

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banns and, in any case, not later than four days prior to the date fixed for the

celebration of the marriage. It is incumbent on the parties to immediately transmit

such form to the Parish Priest of the place of celebration. Should the Parish Priest

notice any discrepancy between the information referring to the spouses as it results

from the form mentioned above and from the canonical documents, the Parish Priest

must, as soon as possible, make the opportune verifications so as to reach agreement

with the Marriage Registrar about the correct compilation of the said form.

II. With reference to article 1,2

For the purpose of putting into effect article 1,2 the following are understood to be

impediments considered mandatory or not dispensable by the civil law

a)

the lack of age, which is sixteen years completed for both parties;

b) the infirmity of mind of at least one of the parties which renders it incapable

of contracting marriage;

c) consanguinity in the direct line and up to the second degree in the collateral

line;

d) the subsistence of a previous marriage, valid in civil law, of at least one of the

parties.

III. With reference to article 5,b.i)

The ecclesiastical tribunal is considered to have been competent to judge the case

of nullity of the marriage even when it was challenged on the ground of the lack of

some element required for the validity of the canonical form or of the dispensation

therefrom.

IV. With reference to articles 6,b.i) and 7,2.b)

The peremptory time limit for the presentation of the note of pleas to the Court of

Appeal is of twelve working days from the date of notification made by the same

Court to the interested party.

V. The terms "parish priest" refers also to any ecclesiastic equivalent to the parish

priest, or who substitutes him, according to canon law.

The present Protocol of Application forms an integral part of the Agreement on

the recognition of civil effects to canonical marriages and to the decisions of

ecclesiastical Authorities and tribunals about the same marriages contextually signed

between the Holy See and the Republic of Malta.

Done at Valletta, Malta on the third day of February, one thousand nine hundred

ninety-three, in two originals, each in the Italian and English languages, both texts

being equally authentic.

For the Holy See

For the Republic of Malta

(+ Pier Luigi Celata)

(Guido de Marco)

Second Additional Protocol

(Deleted by the Third Additional Protocol - reproduced hereunder)

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THIRD ADDITIONAL PROTOCOL

The Republic of Malta and the Holy See consider it advisable to amend the

provisions of the Agreement between the Holy See and Malta on the recognition of

civil effects to canonical marriages and to the decisions of the ecclesiastical

Authorities and tribunals about the same marriages, and to amend the Protocol of

Application thereto, both signed in Malta on the 3rd February 1993, as well as to

rescind the Second Additional Protocol thereto, signed in Malta on the 6th January

1995. Wherefore, the Republic of Malta and the Holy See have, by common accord,

established as follows

Article 1

Definitions

In the present Protocol

"Agreement" means the Agreement between the Holy See and the Republic of

Malta on the recognition of civil effects to canonical marriages and to the decisions

of the ecclesiastical authorities and tribunals about the same marriages, signed in

Malta on the 3rd February 1993;

"Protocol of Application" means the Protocol of Application to the Agreement,

also signed in Malta on the 3rd February 1993;

"Second Additional Protocol" means the Second Additional Protocol to the

Agreement, signed in Malta on the 6th January 1995.

Article 2

Amendment of the Agreement

1. Article 4 paragraph 1 of the Agreement is deleted.

2. Article 4 paragraph 2 shall be re-numbered as Article 4.

Article 3

Amendment of the Protocol of Application

1. Paragraph III of the Protocol of Application is deleted.

2. The following paragraphs shall be re-numbered accordingly.

Article 4

Deletion of Second Additional Protocol

The Second Additional Protocol is deleted.

The present Third Additional Protocol forms an integral part of the Agreement on

the recognition of civil effects to canonical marriages and to the decisions of the

ecclesiastical Authorities and tribunals about the same marriages, signed in Malta

between the Holy See and the Republic of Malta on the 3rd February 1993.

Done at Valletta, Malta, on the twenty seventh of January 2014, in two originals,

each in the Italian and English languages, both texts being equally authentic.

For the Republic of Malta

For the Holy See

Minister of Foreign Affairs

Apostolic Nuncio

(1)

In this Act, unless the context otherwise requires -

"act of marriage" means the act of marriage drawn up and

completed in accordance with article 293 of the Civil Code;

"Agreement" means the Agreement between the Holy See and

Malta on the Recognition of Civil Effects to Canonical Marriages

and to the Decisions of the Ecclesiastical Authorities and Tribunals

about the Same Marriages, as well as the Protocol of Application

thereto, both signed in Malta on the 3rd February 1993, as well as

the Third Additional Protocol thereto signed in Malta on the 27th

January 2014, which Agreement and protocols are reproduced in

the Schedule to this Act;

"Canon law" means the Code of Canon Law promulgated by the

competent organs of the Catholic Church and any other rule of law

sohowever called of the said Church relative to marriage;

"catholic marriage" means a marriage celebrated in accordance

with the norms and formalities of Canon Law or with a

dispensation therefrom granted by the competent organ in

accordance with Canon Law;

"Marriage Registry", in respect of marriages taking place in the

Island of Malta or on board a Maltese registered ship while this is

not in the internal waters of any country other than Malta, means

the division in the Public Registry Office in the said island charged

by the Minister with responsibility for matters relating to

marriages, and, in respect of marriages taking place in Gozo, means

the division in the Public Registry Office in Gozo charged by the

Minister as aforesaid;

"Minister" means the Minister responsible for the Public

Registry;

"parish priest" for the purposes of this Act includes also any

ecclesiastic who according to Canon Law, is equivalent to a parish

priest or substitutes a parish priest;

"Registrar" means the public officer designated by the Minister

to perform the functions of Marriage Registrar in respect of a

Marriage Registry, and includes, for any purpose of this Act, any

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person authorised by the Registrar for that purpose, and for the

purposes of article 15 shall also include any Mayor of a Local

Council or any person who has been certified as a celebrant of civil

marriages by the Public Registry; and, in respect of marriages taking

place on board a Maltese registered ship while this is not in the

internal waters of any country other than Malta includes a master of

a passenger vessel authorised for that purpose by the Registrar;

"Tribunal" for the purposes of articles 23, 24, 29 and 30 means

the competent court or courts which in accordance with Canon Law

applicable at the time can pronounce on the validity of a catholic

marriage.

(2) Except where it is otherwise expressly provided, all the

provisions of this Act shall apply to all marriages whether

contracted in a civil or in a religious form.

Restrictions on marriage

Marriage contracted between persons either of whom is under

the age of eighteen (18) years shall be null and void.

A marriage contracted between persons either of whom is

incapable of contracting by reason of infirmity of mind, whether

interdicted or not, shall be void.

(1)

A marriage contracted between -

(a) an ascendant and a descendant in the direct line;

(b) siblings, whether of the full or half blood;

(c) persons related by affinity in the direct line; or

(d) the adopter and the adopted person or a descendant, or

the spouse, of the adopted person,

shall, whether the relationship aforesaid derives from legitimate or

illegitimate descent, be void.

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

adopted person shall be deemed to subsist both with reference to

his natural and to his adoptive family.

(3) The court of voluntary jurisdiction within whose

jurisdiction either of the spouses resides may upon good cause

being shown dispense from the provisions of sub-article (1)(c) and

(d).

A marriage contracted between persons either of whom is

bound by a previous marriage , by a registered or unilaterally declared

cohabitation under the Cohabitation Act or by a cohabitation enrolled

by means of a public deed under the Cohabitation Act, 2020 shall be

void.

2020. MARRIAGE

Formalities to precede marriage

(1) The celebration of marriage must be preceded by the

publication of banns of matrimony.

(2) Banns of matrimony shall state the name, surname, place of

birth and residence of each of the persons to be married, the place

where they intend to contract marriage and, unless the Registrar in

the case of natural filiation or other circumstances deems proper to

act otherwise, the name and surname of the parents of each of the

persons to be married.

(3) The publication of the banns consists in the posting up of

the banns in a place at the Marriage Registry accessible to the

public and reserved for that purpose and in keeping the banns so

posted up for a period of not less than eight consecutive days

excluding Saturdays, Sundays and other public holidays. The banns

shall also be posted up at the place where official acts are usually

posted up in the town, village or parish in Malta in which each of

the persons to be married resides.

(4) Banns of matrimony shall be published by or by order of

the Registrar on a request in writing signed by both persons to be

married or, where the marriage is to take place by proxy, by the

proxy and the other person.

(5) A request for the publication of banns shall not be

entertained unless it is delivered to the Registrar earlier than six

weeks before the date of the intended marriage, or than such shorter

period as the Registrar may in his discretion accept in special

circumstances, and unless and until, in addition to all other relevant

information, there are delivered to the Registrar-

(a) the certificate of birth of each of the persons to be

married;

(b) a declaration on oath made and signed by each of the

persons to be married stating that to the best of his or

her knowledge and belief there is no legal impediment

to the marriage or other lawful cause why it should not

take place

Provided that if it is shown to the satisfaction of the Registrar

that it is impracticable to obtain a certificate of birth required to be

delivered by this sub-article, the Registrar may accept instead such

other document or evidence as he may deem adequate for the

purpose of this article.

(6)

The Registrar may administer oaths for the purposes of this

Act.

(7) Where banns have been published in accordance with the

provisions of this Act and it appears to the Registrar that there is no

legal impediment or other lawful cause why the marriage should

not take place, the Registrar shall, at the request of either of the

parties to be married, issue a certificate that the banns have been so

published and indicate therein, in addition to other relevant

information, the date of the completion of such publication.

(8)

Subject to the provisions of article 10, no person shall

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officiate at a marriage unless a certificate issued in accordance with

sub-article (7) in respect of the persons to be married has been

produced to him; and that certificate or a certificate issued in terms

of article 10 shall be final and conclusive proof of its contents.

(1) If the Registrar is of the opinion that he cannot proceed

to the publication of the banns or that he cannot issue a certificate

of such publication he shall notify the persons requesting the

publication of his inability to do so, giving the reasons therefor.

(2) In any such case, either of the persons to be married may

apply to the competent court of voluntary jurisdiction for an order

directing the Registrar to publish the banns or to issue a certificate

of their publication, as the case may require, and the court may,

after hearing the applicant and the Registrar, give such directions as

it may deem appropriate in the circumstances, and the Registrar

shall act in accordance with any such directions.

(1) A marriage contracted before the sixth day after the

completion of the period during which the banns are to remain

posted up in accordance with the provisions of this Act, and a

marriage contracted after the expiration of three months from the

day on which the banns are first posted up as aforesaid, shall be

void.

(2) Where the period of three months referred to in sub-article

(1) has expired, the banns shall be published again and the

procedure for their publication shall be started afresh.

Notwithstanding the provisions of articles 8 and 9 -

(a) the period during which the banns are to remain posted

up in accordance with article 7 or the period which

must elapse, in accordance with article 9, before the

marriage can take place, or both such periods, may be

shortened by the Registrar if he is satisfied that the

shortening of those periods is justified by the

circumstances of the case; but in any such case the

shortening of the periods must result from the banns;

(b) where either of the persons to be married is in

imminent danger of death, the publication of the banns

may be dispensed with altogether by the Registrar and

the marriage may be contracted on his authority

without any banns being published, if each of the

persons to be married makes and signs the declaration

on oath required by article 7(5); and in any such case

the Registrar shall certify under his hand that the

marriage, with dispensation from the publication of

banns, is authorised by him and shall specify in the

certificate the manner in which he ascertained the

imminent danger of death.

Formalities of marriage

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(1) A marriage may be contracted either in a civil form

between two consenting individuals, that is to say in the form

established by this Act for civil marriage, or in a religious form,

that is to say in a religious form in accordance with the provisions

of this Act.

(2) A marriage, whether contracted in a civil or in a religious

form, shall be valid only if all the provisions of this Act applicable

thereto or to marriage generally are satisfied or observed.

(3) In the case of the non-observance of any formality or other

similar requirement relating to the celebration of the marriage or

preparatory thereto, a marriage may not be annulled and shall be

held to have always been valid, if the demand for annulment is not

made within two years after the celebration of the marriage.

(1) Registration is not essential to the validity of marriage.

(2) Registration shall not operate as to validate a marriage

which, independently of such registration, is null.

(3) A marriage shall not have effect for any purpose of law

unless and until the appropriate act of marriage is completed and

delivered for registration in accordance with the provisions of

articles 293 and 294 of the Civil Code.

(1) All marriages shall be contracted in the presence of at

least two witnesses in addition to the officer, clergyman or other

person officiating at the marriage ceremony.

(2) Any person over the age of eighteen years, even if related to

any of the persons to be married, may be a witness for the purposes

of this article or of article 14.

(1) Marriage may be contracted by proxy with the written

authority of the Registrar if one of the persons to be married is not,

and the other person is, present in Malta, and there are, in the

opinion of the Registrar, grave reasons for permitting the marriage

to take place by proxy.

(2) The proxy must be operative and must contain a clear

indication of the persons between whom the marriage is to take

place; it shall be dated and shall be signed by the person making it

in the presence of two witnesses and countersigned by the said

witnesses and by a person authorised to authenticate signatures by

the law of the country where the proxy is signed.

(3) A proxy shall cease to be operative ninety days after it is

signed.

(4) In the case of a marriage contracted by proxy signed earlier

than ninety days before marriage or which is revoked before the

marriage without the knowledge of the other party, the marriage

may not be annulled and shall be held to have always been valid, if

there has been cohabitation for at least one month after the

celebration of the marriage.

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(1) A civil marriage shall be contracted in the presence of

the Registrar, or of an officer of the Marriage Registry authorised

by the Registrar to officiate at marriages, and of the witnesses

required by this Act.

(2) During the ceremony, the Registrar or other officiating officer

in front of whom the marriage takes place shall ask each of the persons

to be married, first to one of them and then to the other, whether that

person will take the other as such person’s spouse, and upon the

declaration of each of such persons that they so will, made without any

condition or qualification, the Registrar or other officiating officer

shall declare them to be spouses.

(3) The act of marriage shall be completed and delivered for

registration immediately after the marriage.

(4) Without prejudice to the provisions of sub-article (2) the

persons to be married may indicate to the Registrar or other

officiating officer in front of whom the marriage takes place the

form of words which will be used during the ceremony, including

any readings, songs or music

Provided that the persons to be married must make such

request by not later than seven days prior to the date set for the

marriage.

(1) A civil marriage shall be contracted in the Marriage

Registry or on board a Maltese registered ship while this is not in

the internal waters of any country other than Malta or in such other

place open to the public as the persons to be married may designate

and which the Registrar accepts as appropriate.

(2) If one of the persons to be married cannot, by reason of

infirmity of body or other lawful cause, attend any of the places

referred to in sub-article (1), the marriage may be contracted in

such other place as the Registrar may deem appropriate in the

circumstances.

(1) Saving the provisions of article 21, a religious

marriage shall be contracted according to the rites or usages of a

church or religion which is recognised for the purposes of this Act

and which either of the persons to be married belongs to or

professes; but the consent of the persons to be married must, in

order that the marriage may be valid, conform in substance to the

consent required by article 15(2).

(2) A church or religion shall be recognised for the purposes of

this Act if it is generally accepted as a church or religion or if it is

recognised for the purposes of this article by the Minister; and if

any question arises as to the application of this sub-article, the

decision of the Minister aforesaid shall be final and conclusive.

(3) The act of marriage shall be completed and delivered for

registration immediately after the marriage.

MARRIAGE

Validity and annulment of marriages

A marriage, whether celebrated in Malta or abroad, shall be

valid for all purposes of law in Malta if -

(a) as regards the formalities thereof, the formalities

required for its validity by the law of the country

where the marriage is celebrated are observed; and

(b) as regards the capacity of the parties, each of the

persons to be married is, by the law of the country of

his or her respective domicile, capable of contracting

marriage

Provided that notwithstanding the provisions of article 244

of the Civil Code, no marriage shall be valid for all purposes of law

in Malta if contracted between persons either of whom is under the

age of eighteen (18) years.

(1) In addition to the cases in which a marriage is void in

accordance with any other provision of this Act, a marriage shall be

(a) if the consent of either of the parties is extorted by

violence, whether physical or moral, or fear;

(b) if the consent of either of the parties is excluded by

error on the identity of the other party;

(c) if the consent of either of the parties is extorted by

fraud about some quality of the other party which

could of its nature seriously disrupt matrimonial life;

(d) if the consent of either of the parties is vitiated by a

serious defect of discretion of judgment on the

matrimonial life, or on its essential rights and duties,

or by a serious psychological anomaly which makes it

impossible for that party to fulfil the essential

obligations of marriage;

(e) if either of the parties is impotent, whether such

impotence is absolute or relative, but only if such

impotence is antecedent to the marriage;

(f)

if the consent of either of the parties is vitiated by the

positive exclusion of marriage itself, or of any one or

more of the essential elements of matrimonial life, or

of the right to the conjugal act;

(g) if either of the parties subjects his or her consent to a

condition referring to the future;

(h) if either of the parties, although not interdicted or

infirm of mind, did not have at the time of contracting

marriage, even on account of a transient cause,

sufficient powers of intellect or volition to elicit

matrimonial consent.

(2) Subject to the provisions of this Act, an action for the

annulment of a marriage may only be commenced by one of the

parties to that marriage, and this provision shall apply even where

MARRIAGE

such party is, under any provision of law, incapable of suing or

being sued, and in any such case the action may be commenced by

such party notwithstanding such incapacity, saving any assistance

or other condition the court may deem appropriate to order. Where

an action has been commenced by a party to a marriage, the action

may be continued by any of the heirs.

(1) A valid marriage may be annulled at the request of

one of the spouses on the grounds that the other party has refused to

consummate the same.

(2) The provisions of article 19(2) shall apply to an action for

the annulment of a marriage referred to in sub-article (1) as it

applies to an action for the annulment of a marriage therein referred

to.

(3) An action for the annulment of a marriage under this article

may not be instituted before the lapse of three months from the date

of the celebration of the marriage.

(1) If a marriage is declared to be void the effects of a

valid marriage shall be deemed to have existed, in favour of the

spouses until the judgment of nullity has become a res judicata

when both spouses had contracted the marriage in good faith.

(2) The effects of a valid marriage shall be deemed to have

always existed with reference to the children born or conceived

during a marriage declared to be void as well as with reference to

children born before such marriage and acknowledged before the

judgment declaring the nullity.

(3) If only one of the spouses was in good faith such effects

shall apply in his or her favour and in favour of the children.

(4) If both spouses were in bad faith the effects of a valid

marriage shall apply only in favour of the children born or

conceived during the marriage declared to be void.

(5) Notwithstanding any other provision, the spouse who was

responsible for the nullity of the marriage, is bound to pay

maintenance to the other spouse in good faith for a period of five

years, which duty shall cease if the party in good faith marries

during such period.

Catholic Marriages

(1) A marriage celebrated in Malta after the coming into

force of this article, in accordance with the norms and formalities

e s t a b li sh e d b y Ca no n La w sha ll as fr om th e m o me n t of it s

celebration, be recognised and have the same civil effects as a

marriage celebrated in accordance with the norms and formalities

of this Act.

(2)

The provisions of sub-article (1) shall apply only where

(a) the banns required by this Act have been either

published or dispensed with in accordance with

articles 7 to 10 and the Registrar has issued a

certificate attesting such publication or dispensation;

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(b) the parish priest who in accordance with Canon Law

has jurisdiction in the place where the marriage was

celebrated transmits to the Director of the Public

Registry an act of marriage in the form as may be

prescribed duly signed by such authority as is provided

for in the Agreement; and

(c) no impediment to the marriage as is referred to in

articles 3, 4, 5 and 6, subsists. So however that the

competent organs of the Catholic Church may for the

purpose of catholic marriages under this Act grant

authorisations or dispense from the restrictions in

article 3(2) and article 5(1)(c) and (d).

(3) The certificate referred to in sub-article (2)(a) hereof shall

constitute definite and conclusive proof of its contents.

(1) Notwithstanding anything contained in this Act or in

the Civil Code relative to the procedure whereby, and the term in

which, an act of marriage is to be registered, the Parish Priest

referred to in article 21(2)(b), shall transmit to the Public Registry

the act of marriage therein referred to for registration within five

working days of the celebration of the marriage.

(2) Failure to transmit the act of marriage for registration as is

provided for in sub-article (1) shall not be an obstacle to such

transmission after the lapse of such term. Either spouse may at all

times demand that such transmission be effected by the Parish

P ri es t w ho s ha ll re m ai n at al l t im e s o b li g ed t o e ff e ct su ch

transmission.

(3) When the act of marriage has been transmitted to the Public

Registry, the Director of the Public Registry shall ascertain that the

provisions of article 21 apply to the marriage, and upon having so

ascertained he shall register the act which shall be deemed for all

effects at law to be an act of marriage referred to in article 12.

Upon registration of the act of marriage the Director of the Public

Registry shall, as soon as may be, give notice of such registration to

the Parish Priest transmitting the act of marriage.

(4) A marriage which is recognised in accordance with article

21 shall upon transmission and registration of the act of marriage

be r eco gni sed as from th e mo ment of it s celebration . Such

recognition shall not, however, prejudice any property rights

law f ul l y a c q u ir e d by t h ir d p a r t ie s i n g oo d f a i th be f o r e t h e

transmission of the act of marriage as aforesaid in this article,

where such act of marriage is transmitted after the expiry of the

term referred to in sub-article (1) hereof.

A decision which has become executive, given by a

tribunal, and declaring the nullity of a catholic marriage shall,

where one of the parties is domiciled in, or a citizen of, Malta, and

subject to the provisions of article 24 be recognised and upon its

registration in accordance with the said article 24 shall have effect

as if it were a decision by a court and which has become res

judicata.

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(1) Registration of a decision as is referred to in article 23

shall be effected by the Court of Appeal.

(2) A request for such registration shall be made by application

filed in the registry of the said court, and which shall be served on

the Director of the Public Registry and where it is presented by one

only of the spouses, on the other spouse.

(3) The respondents shall have a right to file a reply within

twelve working days of the service upon them of the application.

(4)

Together with the application, the applicant shall file

(a) an authentic copy of the decision;

(b) a declaration of executivity according to Canon Law

issued by the Tribunal that has given the decision.

(5) The Court of Appeal registers that decision by giving a

decree declaring the decision enforceable in Malta; such decree

shall not be given unless the Court of Appeal is satisfied that

(i)

the Tribunal was competent to judge the case of

nullity of the marriage insofar as the marriage

was a catholic marriage; and

(ii) during and in the proceedings before the

Tribunal there was assured to the parties the

right of action and defence in a manner

substantially not dissimilar to the principles of

the Constitution of Malta; and

(iii) there does not exist a contrary judgement

binding the parties pronounced by a court, and

which has become res judicata, based on the

same grounds of nullity; and

(iv) in the case of a marriage celebrated in Malta

after the 11th August, 1975, there has been

delivered or transmitted to the Public Registry

the act of marriage laid down by this Act; and

(v) in the case of a decision delivered on or after the

16th July, 1975, but before the coming into force

of this article, the request for recognition is

presented by both spouses; or where it is

presented only by one of the spouses it is

satisfied that the other spouse does not oppose

the registration of the decision.

(6) Notwithstanding the provisions of sub-article (5)(v) where

a request for the registration of a decision as is referred to in article

23(1) issued by a tribunal on or alter the 16th July, 1975 but before

the coming into force of this article, is made by one only of the

spouses, and the other spouse opposes such registration, the Court

of Appeal shall give the spouse opposing such registration a term

not exceeding two months within which the spouse opposing such

registration may present a plea, in accordance with Canon Law

applicable, before the competent Tribunal to have the decision

revoked; and the Court of Appeal shall only register that decision

where the party opposing the registration has not entered the plea in

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the term established, or has entered the plea but the same was

rejected or the decision declaring the marriage null was confirmed

by the Tribunal.

A decree given by the Roman Pontiff "super matrimonio

rato et non consummato", when one of the spouses is domiciled in

or is a citizen of Malta, shall, subject to the provisions of article 26,

be recognised and upon its registration in accordance with the said

article 26, shall have effect as if it were a decision given by a court

and which has become res judicata annulling a marriage on the

grounds of non-consummation, in accordance with article 19A.

(1) Registration of a decree as is referred to in article 25

shall be effected by the Court of Appeal.

(2) A request for such registration shall be made by application

accompanied by an authentic copy of the pontifical decree filed in

the registry of the said court, and which shall be served on the

Director of the Public Registry and where it is presented by one

only of the spouses, on the other spouse.

(3) The respondents shall have a right to file a reply within

twelve working days of service upon them of the application.

(4)

(a) Registration shall be effected by an order of the Court

of Appeal declaring the decree of the Roman Pontiff

enforceable in Malta.

(b) The Court of Appeal shall register the decree if it is

satisfied that it refers to a catholic marriage which was

celebrated after the coming into force of this article

and either of the spouses is domiciled in or is a citizen

of Malta.

(5) Notwithstanding the provisions of sub-article (4) hereof,

the Court of Appeal shall give a decree which refers to a catholic

marriage celebrated before the coming into force of this article

where the application therefor is filed by both spouses, or where it

is filed by one only of the spouses, the other spouse does not

oppose the registration.

In its decision by virtue of articles 19, 24 or 26, the competent

court shall also order that the Registrar of Courts shall notify the

decision to the Director of the Public Registry within ten (10) working

days from the day on which the decision shall have become res

judicata.

The provisions of article 19(2) shall apply to applications

made in terms of articles 24 and 26.

In the course of an application under articles 24 and 26 the

Court of Appeal shall not go into the merits of the case leading to

the decision or the decree the registration of which is demanded in

the application but shall limit itself to ascertain if the requirements

of this Act for the registration requested exist.

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(1) Where the evidence of any person is required before a

Tribunal, any of the parties may request the appropriate section of

the Civil Court to order that the evidence of such person be heard

by one of the judicial assistants according to the residence of the

witness, and upon such order being given the court shall fix a date

for the hearing of the witness before the judicial assistant in the

manner provided in articles 606 and 607 of the Code of

Organization and Civil Procedure.

(2) The parties to the case before the tribunal shall be notified of

the date fixed for the hearing of the witness before the judicial

assistant and may be present and be assisted by an advocate or legal

procurator.

(3) Any deposition taken in the manner provided in the

preceding sub-articles shall also be signed by the supplementary

judge or magistrate and deposited in the registry of the court. The

Registrar shall give official copies of any evidence so registered to

any of the parties or the Chancellor of the Tribunal.

(4) Article 610(4) and (5) of the said Code shall apply to

evidence taken under this article.

(5) All the provisions of the Code of Organization and Civil

Procedure and of any other law relating to the admissibility of

evidence and to the competence and compellability of witnesses, as

well as to privileged communications, shall apply to evidence taken

under this article as they apply to evidence of witnesses before the

Civil Court, First Hall.

The fact that a case for the declaration of nullity of a

catholic marriage is pending before a court or before the Tribunal at

the time when another case is filed or is pending before a court or

before the Tribunal for the declaration of nullity of the same

marriage shall not hinder the court or the Tribunal from continuing

to hear or from determining the case filed or pending before it.

(1) Where a person who is served with an application as is

referred to in articles 24 and 26 does not oppose the request for

registration within the term prescribed for filing a reply, he shall be

deemed to have admitted the application.

(2) When all the parties to an application have admitted the

same, the court shall not put the application for hearing but shall

give the relative decree in camera.

Articles 11 to 17 shall not apply to catholic marriages

celebrated after the coming into force of this article * .

Nothing contained in this Act shall be construed as obliging

an official of a religious body in accordance with article 37 of this Act

to solemnise a particular form of marriage which is not recognised by

the religious body of which that official is a member..

*See Legal Notice 47 of 1995.

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Miscellaneous

Without prejudice to the implementation of any regulation

applicable between the Member States of the European Union, a

decision of a foreign court or a decision or other official act of

equivalent effect of a foreign competent authority on the status of a

married person or affecting such status shall be recognised for all

purposes of law in Malta if the decision is given or if the other official

act is issued by a court or a competent authority of the country in

which either of the parties to the proceedings is domiciled or of

which either of such parties is a citizen.

The Minister may make regulations -

(a) respecting the fees and other charges to be levied and

paid in respect of anything done or services rendered

under this Act or in respect of any other matter

provided for under this Act or related thereto or

connected therewith;

(b) respecting the forms to be used for the purposes of this

Act; and

(c) generally for carrying out any of the provisions of this

Act and for any other matter incidental or

supplementary to any of the foregoing matters.

Without prejudice to articles 21 to 31, Canon Law shall, in

so far as it had effect as part of the law of Malta on marriage, cease

to have such effect, and all jurisdiction in relation to marriage shall

vest in the courts of Malta in accordance with the relevant

provisions of the Code of Organization and Civil Procedure.

(1) Save as hereinafter provided, the provisions of articles

18, 19, 19A, 20 and 35 shall apply to all marriages whether

contracted before or after the commencement of this Act, including

a marriage in respect of which proceedings were instituted prior to

such commencement.

(2)

Nothing in this Act shall -

(a) affect the validity of a marriage which was valid at the

time it was contracted; or

(b) affect the continued operation of a judgment having

effect in Malta which is res judicata on or before July

15, 1975.

(3) Where any signature is required of any person who cannot

or is unable to write, the requirements of this Act shall be satisfied

if in place of his signature there is set a mark of such person

attested as provided in article 634(1) of the Code of Organization

and Civil Procedure or by the Registrar.

(1) The Government may enter into agreements with other

churches, religions or denominations regarding the recognition of

marriages celebrated in accordance with the rules and norms of that

church, religion or denomination, and declarations of nullity or

annulment of such marriages by the organs of such church, religion

or denomination having authority in accordance with its rules.

MARRIAGE

(2) Such agreements shall conform substantially to the

provisions of the Agreement between the Holy See and Malta

referred to in this Act.

(3) When an agreement as is referred to in the preceding sub-

article has been entered into by the Government, the Minister

responsible for justice may make an order extending the provisions

of this Act, with such modifications as may be required, to

marriages celebrated in accordance with the rules and norms of

such church, religion or denomination, and its declaration of nullity

or annulment.

(1) Any person who contracts a marriage with the sole

purpose of obtaining -

(a) Maltese citizenship; or

(b) freedom of movement in Malta; or

(c) a work or residence permit in Malta; or

(d) the right to enter Malta; or

(e) the right to obtain medical care in Malta,

shall be guilty of an offence and shall on conviction be liable to

imprisonment for a term not exceeding two years.

(2) Any right or benefit obtained by a person convicted of an

offence under sub-article (1) on the basis of the marriage referred

to in that sub-article (1) may be rescinded or annulled by the public

authority from which it was obtained.

(3) Any person who contracts a marriage with another person

knowing that the sole purpose of such other person in contacting

the marriage is one or more of the purposes referred to in sub-

article (1) shall be guilty of an offence and shall on conviction be

liable for the same punishment laid down in sub-article (1).

MARRIAGE