4 Can or must the matrimonial property regime be registered?
A marriage contract is to be registered by the notary not later than 15 days after the date of conclusion of the contract.
4.1. Do one or more matrimonial property registers exist in your country? Where?
Only one register exists. It is the Public Register administered by the Ministry of Justice.
4.2. Which documents are registered? Which information is registered?
The following information has to be registered: the fact that a marriage contract has been entered into; the date of the deed; the details of the contracting parties; and the type of matrimonial property regime chosen by the parties to regulate their property relations.
4.3. How and by whom can the information in the register be accessed?
The information in the Public Register can be accessed by any person who requests information. A simple request in writing is made at the Registry and an official reply is received within 10 days of the request. Notaries can access the Register online and obtain an immediate reply.
4.4. What are the legal effects of registration (validity, opposability)?
The main effect is that third parties (especially creditors) are presumed to know of the existence of the marriage contract.
4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country? If yes, under which conditions or formalities?
[This information is valuable in respect of third parties, see art. 28 of the European Regulation (EU) 2016/1103 of 24 June 2016. When a matrimonial contract is registered in your country it can be invoked against third parties. An interconnection of matrimonial property registers in Europe is not existing and therefor the registration of the matrimonial contract must be undertaken in all countries separately, where the spouses have property or conclude contracts. Only then the spouses can invoke their matrimonial contract against third parties in that country.]
Under Maltese Law it is not possible to register a matrimonial contract drawn up abroad, however they are recognised. An official translation will need to be presented to the Notary.
