Do I need a prenuptial-style agreement before getting married in Malta?
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Do I need a prenuptial-style agreement before getting married in Malta?

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06.07.2026

I’m getting married in Malta soon and I have some assets I owned before the relationship that I’d like to protect in case things don’t work out. Is a prenuptial agreement actually a recognised thing under Maltese law, or does Malta not really have this concept?

Site Administration 08.07.2026
reply date: 08.07.2026

Malta does not use the exact terminology of a 'prenuptial agreement' in the way some other jurisdictions do, but it does recognise the concept of a marriage contract, known locally as 'kitba taż-żwieġ', executed before a notary prior to marriage, which under the Civil Code, Chapter 16 of the Laws of Malta, allows a couple to expressly choose a matrimonial property regime other than the default community of acquests, such as separation of estates, meaning assets each of you brings into or acquires individually during the marriage remain separate rather than automatically becoming shared community property. Since you specifically want to protect assets you already owned before the marriage, opting for the separation of estates regime through a properly executed marriage contract before your wedding would generally be the most direct way to achieve that under Maltese law, rather than relying on the default regime that would otherwise apply automatically. Because this marriage contract needs to be executed before a notary and properly registered in the Public Registry to be valid and effective against third parties, and because getting the details right matters considerably for it to actually achieve your intended protection, this is worth arranging promptly with a notary, alongside advice from a family lawyer, given that it needs to be finalised before the marriage itself takes place.

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