Prenup Contract for Malta

Prenup Contract Template for Malta

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Prenup Contract

"I need a Prenup Contract under Maltese law for my upcoming marriage in March 2025, with specific provisions for my family business interests and international real estate holdings in Italy and Spain, ensuring these remain separate property."

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What is a Prenup Contract?

The Prenup Contract is a crucial legal document for couples planning to marry in Malta or those choosing Maltese jurisdiction for their matrimonial property regime. This agreement becomes particularly relevant in cases involving substantial assets, business ownership, international elements, or complex financial arrangements. The document must comply with Malta's Civil Code and recent legislative updates that specifically address prenuptial agreements. It serves to clearly define property rights, financial obligations, and asset distribution, potentially deviating from Malta's default Community of Acquests regime. The agreement is especially important for international couples, business owners, or high-net-worth individuals who need to establish clear property rights and financial arrangements before marriage. Recent changes in Maltese law and EU regulations have made these agreements more robust and internationally recognized, particularly within the EU framework.

What sections should be included in a Prenup Contract?

1. Parties: Identification and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including property classifications and financial terms

4. Property Regime Selection: Clear statement of the chosen property regime, whether excluding Community of Acquests or modifying it

5. Pre-Marriage Assets: Detailed listing and treatment of assets owned by each party before marriage

6. Future Property Rights: Rules governing property acquired during marriage and its classification

7. Income and Earnings: Treatment of income, wages, and business earnings during marriage

8. Debts and Liabilities: Handling of pre-existing and future debts and financial obligations

9. Management of Joint Assets: Rules for managing and disposing of jointly owned property

10. Inheritance Rights: Provisions regarding inheritance rights and treatment of inherited property

11. Dissolution Provisions: Property division and financial arrangements in case of marriage dissolution

12. Governing Law: Confirmation of Maltese law as governing law and jurisdiction

13. Execution Requirements: Requirements for proper execution and registration of the agreement

What sections are optional to include in a Prenup Contract?

1. Business Interests: Specific provisions for handling business ownership and operations, used when either party owns a business

2. Intellectual Property Rights: Provisions regarding intellectual property ownership and rights, relevant for professionals or creators

3. Foreign Assets: Special provisions for assets located outside Malta, necessary for international couples

4. Children's Provisions: Framework for financial arrangements regarding future children, optional but recommended

5. Pension Rights: Specific arrangements regarding pension and retirement benefits, relevant for older couples

6. Gift Provisions: Treatment of gifts received during marriage, useful for couples expecting significant gifts

7. Maintenance Obligations: Specific provisions about maintenance obligations, recommended for couples with significant income disparity

8. Property Management Costs: Detailed provisions about sharing of property maintenance and improvement costs, useful for property owners

What schedules should be included in a Prenup Contract?

1. Schedule A - Pre-Marriage Assets: Detailed inventory of assets owned by each party before marriage

2. Schedule B - Pre-Marriage Liabilities: List of existing debts and financial obligations of each party

3. Schedule C - Business Assets: Detailed description of business interests and their agreed treatment

4. Schedule D - Property Valuations: Professional valuations of significant assets mentioned in the agreement

5. Appendix 1 - Financial Disclosure: Comprehensive financial disclosure statements from both parties

6. Appendix 2 - Legal Certificates: Certificates of independent legal advice received by each party

7. Appendix 3 - Translation Certificate: Official translations if agreement is in multiple languages

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

alex.den.21@genieai.co

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