Age Restrictions: To marry without parental consent, both parties must be at least 18 years old. Those aged 16-18 may marry with parental consent.
Documentation: Provide necessary documents, including birth certificates, passport, and a 'Free Status Certificate' or 'Certificate of No Impediment' for foreigners.
Previous Marriage Documents: If you've been married before, you must provide your spouse's final divorce decree or death certificate.
Process for Getting Married
Legal Representation: Find a family lawyer in Malta who can guide you through the process and help prepare the necessary documents.
Marriage Banns Notification: Inform the marriage registry of your intended marriage date at least three months in advance.
Publication of Banns: The marriage banns should be posted on the Marriage Registrar’s office notice board for at least eight consecutive days before the marriage.
Gather Required Documentation: Collect all necessary documents, including birth certificates, Free Status Certificates for foreigners, and any other relevant paperwork such as divorce decrees or death certificates from previous marriages.
Select a Celebrant: Decide who will officiate the wedding—this could be a clergy member from a recognised religion, a local council mayor, or a marriage registrar.
Choose a Venue: Determine where the marriage will occur, whether at the marriage registry, aboard a vessel registered in Malta, or another approved public location.
Marriage Ceremony: Conduct the ceremony with at least two witnesses present, exchanging vows and signing official documents.
Register the Marriage: Ensure the marriage is officially registered with the Public Registry by the celebrant, making it legally recognised in Malta.
Note: After the banns are published, the marriage or civil union must occur between six days and three months. If it occurs outside this time window, it is considered void.
Required Documents
Birth Certificate with Apostille: An original or certified copy for both parties, certified with an apostille to verify its authenticity.
Free Status Certificate or Certificate of No Impediment(Foreigners only): This document, typically obtained from the person's home country, confirms that the individual is legally free to marry.
Declaration on Oath: A declaration by each party stating that there is no legal impediment to the marriage.
Passport/ID Card: Valid passports for identification purposes or an ID card for Maltese citizens.
Proof of Residency(For Wedding Grant Application): You must provide a recent utility bill or residency certificate to prove residency in Malta.
Previous Marriage Documents(If applicable): Divorce decree or death certificate of a prior spouse if previously married.
Wedding Grant Malta
In Malta, the Wedding Grant provides a financial boost for couples tying the knot. For 2024, the Maltese government has set the grant at €332.58, an increase from the previous year's amount of €311.85. This one-time benefit aims to help cover various wedding-related expenses, such as venue hire, catering, and attire, providing a modest contribution towards the celebrations.
Requirements
Citizenship or Residency: At least one of the parties must be a Maltese citizen, or both must have resided in Malta for at least six months immediately before the application.
Timely Application: The application for the grant must be submitted within three months of the wedding or civil union.
Documentation: Submit a completed application form from the Department of Social Security website.
Proof of Marriage or Civil Union: Include a copy of the marriage or civil union certificate with the application.
Proof of Citizenship or Residency: Provide documentation, such as a national ID card or proof of residency, to support the residency or citizenship requirement.
Process
Ceremony Completion: Conduct a civil union or marriage.
Gather Documentation: Collect all necessary documents, including a copy of the marriage or civil union certificate, proof of nationality or residency, and a completed application form.
Obtain Application Form: Download or collect an application form from the Department of Social Security website.
Submit Application: Fill out the application form and submit it with the required documents to the Department of Social Security.
Application Deadline: Ensure the application is submitted within three months from the wedding or civil union date.
Await Response: Wait for the application to be processed and the grant to be issued if approved.
Prenuptial Agreements
In Malta, prenuptial agreements serve as private contracts that outline the division and management of assets and finances in case of a separation or divorce. Both parties must voluntarily enter these agreements with full disclosure of assets, and they must not be unjust or violate public policy. While not as legally binding as in some other jurisdictions, Maltese courts generally respect prenuptial agreements if they meet these criteria. However, courts can override them if deemed unfair during divorce or separation. Couples should seek independent legal advice and start drafting these agreements early to ensure they are transparent, comprehensive, and fair.
What is the Difference Between Marriage and Civil Union in Malta?
Civil unions, introduced by the Civil Unions Act of 2014, initially aimed to provide equal rights for same-sex couples by offering the same legal rights and responsibilities as marriage, including those related to property, maintenance, and inheritance. Since the legalisation of same-sex marriage in 2017, marriage and civil unions now confer legally equivalent rights.
Gay Marriage in Malta
Malta legalised gay marriage in July 2017, amending the Marriage Act to ensure that all couples, regardless of gender or sexual orientation, have the same rights to marry. The marriage process for same-sex couples is identical to that for heterosexual couples, requiring a public ceremony with witnesses and the submission of marriage banns at the Public Registry. The legislation now uses gender-neutral terms such as "spouses," legislative updates have expanded rights related to adoption and spousal benefits. This aligns Malta with other countries offering same-sex couples comprehensive legal recognition and protection.
Get in touch
Got questions, or are you searching for the right lawyer? We're here to help! Send us a message, and we'll do our best to match you with a lawyer from our network. You can also email us at contact@familylawyersmalta.mt.
FAQs
Should you have queries beyond the scope of our FAQ or feel
there's a critical area we haven't covered, don't hesitate
to get in touch. Reach out to us at questions@familylawyersmalta.mt with your questions or feedback. We're committed to updating
our resources to serve your needs better and ensure you have
the most relevant and up-to-date information at your fingertips.
Wedding costs in Malta vary based on the ceremony type and scale. A civil ceremony at the Marriage Registry is inexpensive, generally costing a few hundred euros. For larger, more elaborate weddings that include venue, catering, attire, and other services, costs can range from several thousand to tens of thousands of euros, depending on choices in luxury and scale. Keep in mind these costs are variable and depend on personal preferences and the specifics of the chosen vendors and venues.
Foreigners wishing to get married in Malta must provide several key documents: a valid passport, birth certificates, a 'Free Status Certificate' or 'Certificate of No Impediment' confirming their eligibility to marry, and proof of residence. If previously married, they must present a deceased spouse's final divorce decree or death certificate. The couple must also submit a 'Request for the Publication of Banns' at the Public Registry or the Marriage Registry of Gozo in Malta at least six weeks but not more than three months before the intended wedding date. Foreign nationals should check with the Maltese embassy or the Marriage Registry for additional country-specific requirements.
Marriage banns in Malta are official public announcements of an intended marriage. They are a legal requirement, allowing anyone with knowledge of any legal impediment to the marriage (such as an existing marriage) to come forward. The banns are published for a specified period before the wedding, typically for at least six weeks. Couples planning to marry must submit a 'Request for the Publication of Banns' at the Public Registry or the Marriage Registry of Gozo in Malta. This submission should be at least six weeks before the wedding date but not more than three months. The publication of banns is a critical step in the legal process of getting married in Malta.
Yes, foreigners can get married in Malta. The country welcomes non-residents to marry there, provided they comply with the legal requirements as outlined in the Maltese Marriage Act. Foreign couples must submit the necessary documents, including passports, birth certificates, and a 'Certificate of No Impediment' or 'Free Status Certificate' to prove they are legally free to marry. They must also submit a 'Request for the Publication of Banns' at least six weeks before the intended wedding date. Foreign nationals should contact the Marriage Registry or the Maltese embassy in their home country for specific guidance and any additional country-specific requirements.
Yes, you can get married on a beach in Malta. The country offers a range of picturesque beach venues. For a civil wedding, ensure it’s an approved location for legal ceremonies and that a registered marriage officer officiates the ceremony. Working with a local wedding planner or the Marriage Registry to confirm the details meet all legal requirements is advisable.
The minimum age to legally get married in Malta is 18 years. However, individuals who are 16 or 17 years old can also get married, but only with the consent of their parents or guardians. This provision is in place to ensure that younger individuals have the necessary support and approval when making such a significant life decision.
To acquire Maltese citizenship through marriage, your spouse must be a Maltese national. The foreign spouse can apply for citizenship after five years of marriage, regardless of their residency status in Malta. This provision also applies in cases where the Maltese spouse has passed away within the first five years of marriage or in situations of divorce or legal separation, as long as the couple was married and lived together for over five years. The application requires various documents, including identity cards, a birth certificate of the foreign spouse, and proof of marriage.
To obtain a marriage certificate in Malta, you must officially register your marriage with the Public Registry. After your wedding ceremony, whether civil or religious, the marriage officer or parish priest is responsible for submitting the necessary documentation to the Public Registry. Once your marriage is registered, you can request a marriage certificate by applying at the Public Registry office in Valletta or Gozo. You can apply in person, online, or by mail, providing details such as the marriage date and the full names of both spouses. The certificate is typically available a few days after the application and can be collected or sent by post. This certificate serves as official proof of your marriage and is important for various legal and administrative purposes.
Yes, in Malta, it is possible to change your surname. Legal procedures govern the process and typically involve submitting a formal application to the Public Registry within the Identity Malta Agency. The application must justify the reasons for the name change and is subject to approval by the Director of Public Registry. Common reasons for a surname change include personal preference, marriage, or divorce. In the case of marriage, individuals commonly adopt their spouse's surname or combine both surnames. The process requires adherence to specific guidelines and the completion of legal documentation. Once you receive approval, you must update the change on all personal documents and records.
In Malta, a registered Marriage Registrar appointed by the Public Registry can officiate a civil marriage. These officials are authorised to conduct civil marriage ceremonies within the country. For a civil marriage, couples have the option to hold the ceremony at the Marriage Registry office or an approved external venue of their choice. When choosing an external venue, the Marriage Registrar will travel to that location to perform the ceremony. It's important to coordinate with the Public Registry to ensure the availability of a Marriage Registrar for your chosen date and to comply with any specific requirements or formalities they may have for the ceremony.
In Malta, a civil partnership, also known as a civil union, is a legal relationship established by the Civil Unions Act of 2014 to provide same-sex couples with rights akin to marriage. This legal framework offers couples, regardless of their gender, identical rights, responsibilities, and protections as those conferred by marriage, covering areas such as property, inheritance, and family law. Although the introduction of same-sex marriage in 2017 has blurred the legal distinctions between marriage and civil partnerships, the latter remains an option, with the choice between the two mainly depending on personal preference. A registered official formalises both through a ceremony and a registration process.
Getting married in Malta is relatively straightforward, primarily due to Malta's clear legal procedures and the country's experience in hosting weddings for both residents and foreigners. The process involves fulfilling the requirements set by the Marriage Act, such as submitting the 'Request for the Publication of Banns' at least six weeks before the wedding, providing necessary documentation like birth certificates and passports, and deciding on the type of ceremony. Malta's well-established wedding industry, with numerous venues, service providers, and scenic landscapes, also makes it an attractive and convenient location for weddings. However, foreign nationals may need to take additional steps, such as obtaining a 'Certificate of No Impediment' from their home country. With proper planning and adherence to legal requirements, getting married in Malta can be a relatively smooth and enjoyable process.
To acquire Maltese citizenship through marriage, you must be married to a Maltese national for at least five years. The process does not require you to reside in Malta; we have listed the steps below.
Eligibility: Ensure you have been married to a Maltese citizen for at least five years.
Documentation: Gather necessary documents, including your marriage certificate, birth certificate, proof of your spouse's Maltese citizenship, and any other relevant documents.
Application: To apply for citizenship by marriage, complete the application form typically available from the Maltese Citizenship and Expatriate Affairs Office or their website.
Submission: Submit your application along with all the required documents to the relevant Maltese authorities.
Review Process: After submission, your application will undergo a review process, where authorities may request additional information or documentation.
Decision: Upon successful review of your application, the authorities will notify you of the decision regarding your citizenship.
It's advisable to consult with legal experts or the Maltese Citizenship and Expatriate Affairs Office for detailed guidance and to ensure compliance with all requirements and procedures.
Getting married in Gozo follows the same legal procedures as mainland Malta under the Marriage Act. These legal procedures include submitting a 'Request for the Publication of Banns' at the Marriage Registry in Gozo, providing necessary documentation like passports and birth certificates, and deciding on the type of ceremony. You can conduct both civil and religious ceremonies in Gozo. For a smooth process, it's advisable to plan well in advance and, if needed, consult with local wedding planners or the Gozo Marriage Registry for specific arrangements and advice.
In Malta, there is no mandatory residency period before getting married. You can marry relatively quickly in Malta, provided you have met all legal requirements. However, couples must submit a 'Request for the Publication of Banns' at least six weeks before their wedding date and up to three months in advance. Submitting your Banns as early as possible will allow sufficient time to publish marriage banns. It's advisable for couples, especially those from abroad, to take care of documentation and formalities in advance to ensure a smooth process upon arrival in Malta.