Complete Guide to Marriage in Malta 2024

Requirements for Getting Married In Malta

  • 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

  1. Legal Representation: Find a family lawyer in Malta who can guide you through the process and help prepare the necessary documents.
  2. Marriage Banns Notification: Inform the marriage registry of your intended marriage date at least three months in advance.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Marriage Ceremony: Conduct the ceremony with at least two witnesses present, exchanging vows and signing official documents.
  8. 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

  1. Ceremony Completion: Conduct a civil union or marriage.
  2. 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.
  3. Obtain Application Form: Download or collect an application form from the Department of Social Security website.
  4. Submit Application: Fill out the application form and submit it with the required documents to the Department of Social Security.
  5. Application Deadline: Ensure the application is submitted within three months from the wedding or civil union date.
  6. 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.

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