The Pre-Marriage Agreement is a crucial legal instrument in Malta for couples planning to marry who wish to establish clear property rights and financial arrangements that deviate from the default community of acquests regime. This document becomes particularly important for individuals with significant assets, business interests, or international holdings. It must comply with Malta's Civil Code requirements, as amended by Act XXI of 2014, which specifically recognizes pre-nuptial agreements. The agreement typically covers property division, financial obligations, business interests protection, and inheritance considerations. It requires notarial execution and must respect both Maltese legal requirements and applicable EU regulations. The document is especially relevant for high-net-worth individuals, business owners, and international couples choosing Malta as their matrimonial jurisdiction.
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1. Parties: Full legal identification of both parties entering into the agreement, including full names, addresses, identification numbers, and occupations
2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'matrimonial property', 'separate property', 'common property', and other relevant terms
4. Interpretation: Rules for interpreting the agreement, including governing law clause confirming Maltese law applies
5. Property Rights: Detailed provisions regarding pre-marital assets, inheritance, and how property will be treated during marriage
6. Financial Arrangements: Provisions regarding income, savings, investments, and financial obligations during marriage
7. Debts and Liabilities: Treatment of existing and future debts, loans, and financial liabilities
8. Matrimonial Home: Specific provisions regarding the matrimonial home, its ownership, and rights of occupation
9. Dissolution Provisions: Terms governing property division and financial arrangements in case of divorce or separation
10. Dispute Resolution: Procedures for resolving any disputes arising from the agreement
11. General Provisions: Standard clauses including severability, entire agreement, and amendments
12. Execution: Formal signing requirements, including notarial acknowledgment as required under Maltese law
1. Business Interests: Section dealing with business ownership and management when one or both parties own business interests
2. International Assets: Specific provisions for assets held outside Malta, including choice of law provisions for such assets
3. Children's Provisions: Forward-looking provisions regarding future children's education and maintenance (while noting that child custody cannot be predetermined)
4. Inheritance Rights: Special provisions regarding inheritance rights and wills, particularly relevant for parties with significant family wealth
5. Religious Requirements: Specific provisions to comply with religious requirements, if the marriage will have a religious component
6. Professional Practice: Specific provisions for professional practices (e.g., medical, legal, accounting) owned by either party
7. Intellectual Property: Provisions regarding existing and future intellectual property rights when relevant to either party
1. Schedule A - Pre-marital Assets: Detailed inventory of assets owned by each party prior to marriage
2. Schedule B - Liabilities: List of existing debts and liabilities of each party
3. Schedule C - Business Interests: Detailed description of business interests owned by either party
4. Schedule D - Real Estate: Detailed listing of real estate properties and associated rights
5. Schedule E - Personal Items: List of significant personal items agreed to remain as separate property
6. Schedule F - Financial Accounts: List of bank accounts, investments, and financial instruments
7. Appendix 1 - Certificates: Copies of relevant certificates (property ownership, business ownership, etc.)
8. Appendix 2 - Valuations: Professional valuations of significant assets where applicable
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