Do I need a prenuptial-style agreement before getting married in Malta?
- 06.07.2026
I have a child with my former partner in Malta, but we were never married. Now that we’ve separated, I’m concerned about what legal rights I actually have as the father regarding custody, access, and involvement in decisions about our child, given we don’t have the same married status.
Under the Civil Code, Chapter 16 of the Laws of Malta, an unmarried father's legal rights regarding his child depend significantly on whether paternity has been properly legally established, generally through acknowledgment or registration at birth, since once paternity is legally recognised, an unmarried father generally holds broadly similar rights and responsibilities regarding custody, access, and parental authority as a married father would, reflecting the principle that a child's welfare and relationship with both parents should not be determined by the parents' marital status alone. That said, in practice, some procedural aspects can differ, and if there are any disputes or uncertainties regarding legal paternity itself, this would need to be properly resolved as a preliminary matter before custody and access questions can be fully addressed by the Civil Court (Family Section). If you have genuine concerns about your rights being respected as an unmarried father, particularly if your former partner is suggesting you have lesser rights because you were never married, it would be important to consult a family lawyer promptly to confirm your legally established status and, if necessary, formally pursue appropriate custody and access arrangements through the court to ensure your relationship with your child is properly protected going forward.
This website uses cookies to personalize content and advertising messages, collect analytics, and for other purposes. You can read our cookie policy. If you agree to the use of cookies, click "Accept".