Post-Nuptial Agreement

Post-Nuptial Agreement

Post-Nuptial Agreement

When a couple gets married, the Community of Acquests regime applies automatically to their property in marriage. This means that all the assets and liabilities of both spouses are joined into 1 fund, and both spouses equally own and administer such assets and liabilities together. 

Country Highlights

CAPITAL CITY: VallettaLANGUAGES: Maltese, English
SCHENGEN: Full Member Since 2007CURRENCY: Euro €
TOTAL AREA: 316 km²POPULATION: 417,432
NEAREST COUNTRY: Italy, 255 kmTIME ZONE: Central European Time Zone (UTC+01:00)

Legal Basis

The Civil Code (Chapter 16 of the laws of Malta) regulates marriage contracts and stipulates that the default regime which governs a married couple’s property is the Community of Acquests. However, the law establishes procedures how a couple may choose a different regime to apply to their property in marriage. 


  • The assets acquired by the spouses following the post-nup, will be individually owned by each of them 
  • The spouses can carry acts of administration without each other’s consent 
  • Each spouse is not responsible for the liabilities contracted by the other spouse 


  • Both parties need to be 18 years old and over 
  • Both parties have already contracted marriage in or outside Malta
  • If parties contracted marriage outside of Malta, they must have established or will establish themselves in Malta 
  • Both parties have the intention to marry and have established a marriage date

Process & Timeline

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