Can I change our matrimonial property regime after we’re married?
  • Home
  • Questions
  • Can I change our matrimonial property regime after we’re married?

Can I change our matrimonial property regime after we’re married?

1 answer

Answer to the question

0
0
1

04.06.2026

My spouse and I got married in Malta several years ago under the default community of acquests, but our financial circumstances have changed significantly and we’d now like to change our matrimonial property regime. Is this actually possible once you’re already married, or is that decision locked in permanently at the time of marriage?

Site Administration 09.06.2026
reply date: 09.06.2026

Yes, it is possible to change your matrimonial property regime after marriage under Maltese law, though it is not something either spouse can do unilaterally or informally; rather, the Civil Code, Chapter 16 of the Laws of Malta, requires spouses seeking to alter their existing matrimonial regime to obtain authorisation from the Court of Voluntary Jurisdiction, which reviews the request to ensure it is genuinely made with full understanding and free consent of both spouses and does not improperly prejudice the interests of either party or third parties, such as existing creditors. Once court authorisation is granted, the change to the new regime, for example moving from the community of acquests to separation of estates, is generally formalised through a notarial deed and registered in the Public Registry to ensure the new arrangement is properly documented and can be relied upon by both spouses and any relevant third parties going forward. Since this involves both a court application and formal notarial documentation, and needs to be approached carefully to ensure it achieves what you actually intend, it would be sensible to involve both a notary and a family lawyer in properly structuring and formalising the change to your matrimonial regime.

Похожие вопросы

How is child maintenance calculated in Malta after a separation?

1 answer
16.08.2026
My spouse and I are separating in Malta and we have one child together. I want to understand roughly how child maintenance payments are actually calculated here, since we haven't been able to agree on a figure ourselves and I want to know what a court might consider reasonable.
0
0
4

Can I get my marriage annulled in Malta instead of divorced?

1 answer
22.08.2026
I'm considering pursuing an annulment of my marriage in Malta rather than a divorce, since I believe there were serious issues present even at the time we got married. What's actually the difference in outcome, and what would I need to show for an annulment to succeed?
0
0
4

Can I get maintenance backdated to when I actually separated from my spouse?

1 answer
11.07.2026
My spouse and I in Malta have been living separately for about eight months already, but we've only just formally started separation proceedings, and I haven't received any financial support from them since we split. Can maintenance be backdated to cover this earlier period we already spent apart?
0
0
3

Is my spouse entitled to half a business I built on my own?

1 answer
17.07.2026
I started and built a business entirely on my own during our marriage in Malta, my spouse had no involvement whatsoever in running or growing it. Now that we're separating, I'm worried they'll claim half of it simply because we were married while I built it. Is that actually how it would work under Maltese law?
Читать далее
0
0
0
Show all