Cohabitation Contract for Malta

Cohabitation Contract Template for Malta

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Cohabitation Contract

"I need a Cohabitation Contract under Maltese law for my partner and me, who will be moving in together in March 2025, with specific provisions for sharing our newly purchased apartment in Valletta and clear terms for splitting household expenses."

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What is a Cohabitation Contract?

The Cohabitation Contract serves as a vital legal instrument under Maltese law for individuals who choose to live together without entering into marriage. This document, regulated primarily by the Cohabitation Act 2017, provides essential legal protection and clarity for cohabiting partners by establishing clear terms for their living arrangement. It typically includes provisions for property ownership, financial responsibilities, household management, and dispute resolution procedures. The agreement becomes particularly important in Malta's legal context, where cohabitation rights are specifically recognized and protected. This type of contract is recommended for any cohabiting partners who wish to formalize their arrangement and ensure clear understanding of rights and obligations, especially regarding property and financial matters.

What sections should be included in a Cohabitation Contract?

1. Parties: Identification and details of the cohabiting partners entering into the agreement

2. Background: Context of the relationship and purpose of entering into the cohabitation agreement

3. Definitions: Key terms used throughout the agreement

4. Duration of Agreement: Term of the agreement and conditions for renewal

5. Living Arrangements: Details of shared residence and living arrangements

6. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, and expense sharing

7. Property Rights: Ownership and rights regarding shared and individual property

8. Maintenance and Household Responsibilities: Division of household duties and maintenance obligations

9. Decision Making: Process for making joint decisions affecting the relationship

10. Dispute Resolution: Procedures for resolving disagreements between the parties

11. Termination: Circumstances and procedures for ending the cohabitation agreement

12. Governing Law: Confirmation that the agreement is governed by Maltese law

13. Signatures: Execution section including witness requirements

What sections are optional to include in a Cohabitation Contract?

1. Children: Arrangements regarding existing or future children, including financial responsibility and care arrangements

2. Pets: Arrangements for pet ownership, care, and associated costs

3. Business Interests: Provisions regarding shared or individual business interests

4. Inheritance Rights: Specific provisions regarding inheritance between partners

5. Healthcare Decisions: Authority for medical decisions and healthcare responsibilities

6. Insurance: Arrangements regarding life, health, or property insurance

7. Intellectual Property: Provisions regarding ownership and rights to intellectual property created during cohabitation

8. Religious Observance: Agreements regarding religious practices and observances

9. Social Media and Privacy: Guidelines for social media usage and privacy expectations

What schedules should be included in a Cohabitation Contract?

1. Schedule A - Property Inventory: Detailed list of all property owned by each party at the commencement of cohabitation

2. Schedule B - Financial Disclosure: Declaration of each party's financial position at the start of the agreement

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Existing Obligations: List of pre-existing financial obligations or commitments of each party

5. Schedule E - Asset Register: Register of jointly acquired assets during cohabitation

6. Appendix 1 - Utility Accounts: List of utility accounts and payment responsibilities

7. Appendix 2 - Emergency Contacts: List of emergency contacts and important medical information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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