Chapter 255

[CAP. 255. MARRIAGE 1 CHAPTER 255 MARRIAGE ACT To regulate marriages and to provide for matters connected therewith or ancillary thereto. 12th August, 1975; 1st October, 1975 ACT XXXVII of 1975, as amended by Acts XXXIV of 1981, III of 1983, I and XXIV of 1995, IX of 2000, XXXI of 2002, IX of 2004, I of 2005, III of 2008, XV of 2009 and XXI of 2014, XV of 2017 and XXIII of 2017and XXVII and LXV of 2020 and XXII of 2025. Preliminary 1. The title of this Act is Marriage Act. 2. (1) In this Act, unless the context otherwise requires - "act of marriage" means the act of marriage drawn up and completed in accordance with article 293 of the Civil Code; "Agreement" means the Agreement between the Holy See and Malta on the Recognition of Civil Effects to Canonical Marriages and to the Decisions of the Ecclesiastical Authorities and Tribunals about the Same Marriages, as well as the Protocol of Application thereto, both signed in Malta on the 3rd February 1993, as well as the Third Additional Protocol thereto signed in Malta on the 27th January 2014, which Agreement and protocols are reproduced in the Schedule to this Act; "Canon law" means the Code of Canon Law promulgated by the competent organs of the Catholic Church and any other rule of law sohowever called of the said Church relative to marriage; "catholic marriage" means a marriage celebrated in accordance with the norms and formalities of Canon Law or with a dispensation therefrom granted by the competent organ in accordance with Canon Law; "Marriage Registry", in respect of marriages taking place in the Island of Malta or on board a Maltese registered ship while this is not in the internal waters of any country other than Malta, means the division in the Public Registry Office in the said island charged by the Minister with responsibility for matters relating to marriages, and, in respect of marriages taking place in Gozo, means the division in the Public Registry Office in Gozo charged by the Minister as aforesaid; "Minister" means the Minister responsible for the Public Registry; "parish priest" for the purposes of this Act includes also any ecclesiastic who according to Canon Law, is equivalent to a parish priest or substitutes a parish priest; "Registrar" means the public officer designated by the Minister to perform the functions of Marriage Registrar in respect of a Marriage Registry, and includes, for any purpose of this Act, any Title. Interpretation. Amended by; I. 1995.2; IX. 2000.8; I. 2005.25; III. 2008.17; XV. 2009.52; XXI. 2014.2; XXIII.2017.95. Cap. 16. 2 CAP. 255.] MARRIAGE person authorised by the Registrar for that purpose, and for the purposes of article 15 shall also include any Mayor of a Local Council or any person who has been certified as a celebrant of civil marriages by the Public Registry; and, in respect of marriages taking place on board a Maltese registered ship while this is not in the internal waters of any country other than Malta includes a master of a passenger vessel authorised for that purpose by the Registrar; "Tribunal" for the purposes of articles 23, 24, 29 and 30 means the competent court or courts which in accordance with Canon Law applicable at the time can pronounce on the validity of a catholic marriage. (2) Except where it is otherwise expressly provided, all the provisions of this Act shall apply to all marriages whether contracted in a civil or in a religious form. Restrictions on marriage Age for marriage. Substituted by: I.1995.3. Amended by: XXIII.2017.96. Subsituted by: XXII.2025.11. 3. Marriage contracted between persons either of whom is under the age of eighteen (18) years shall be null and void. Infirmity of mind. 4. A marriage contracted between persons either of whom is incapable of contracting by reason of infirmity of mind, whether interdicted or not, shall be void. Marriages within prohibited degrees. Amended by: I.1995.4; XXIII.2017.97. 5. (1) A marriage contracted between - (a) an ascendant and a descendant in the direct line; (b) siblings, whether of the full or half blood; (c) persons related by affinity in the direct line; or (d) the adopter and the adopted person or a descendant, or the spouse, of the adopted person, shall, whether the relationship aforesaid derives from legitimate or illegitimate descent, be void. (2) For the purposes of sub-article (1), the relationship of an adopted person shall be deemed to subsist both with reference to his natural and to his adoptive family. (3) The court of voluntary jurisdiction within whose jurisdiction either of the spouses resides may upon good cause being shown dispense from the provisions of sub-article (1)(c) and (d). Persons bound by previous marriage. Amended by: XV. 2017.56; XXVII.2020.43. Cap. 571 Act. XXVII of 2020. 6. A marriage contracted between persons either of whom is bound by a previous marriage , by a registered or unilaterally declared cohabitation under the Cohabitation Act or by a cohabitation enrolled by means of a public deed under the Cohabitation Act, 2020 shall be void. MARRIAGE [CAP. 255. 3 Formalities to precede marriage 7. (1) The celebration of marriage must be preceded by the publication of banns of matrimony. (2) Banns of matrimony shall state the name, surname, place of birth and residence of each of the persons to be married, the place where they intend to contract marriage and, unless the Registrar in the case of natural filiation or other circumstances deems proper to act otherwise, the name and surname of the parents of each of the persons to be married. (3) The publication of the banns consists in the posting up of the banns in a place at the Marriage Registry accessible to the public and reserved for that purpose and in keeping the banns so posted up for a period of not less than eight consecutive days excluding Saturdays, Sundays and other public holidays. The banns shall also be posted up at the place where official acts are usually posted up in the town, village or parish in Malta in which each of the persons to be married resides. (4) Banns of matrimony shall be published by or by order of the Registrar on a request in writing signed by both persons to be married or, where the marriage is to take place by proxy, by the proxy and the other person. (5) A request for the publication of banns shall not be entertained unless it is delivered to the Registrar earlier than six weeks before the date of the intended marriage, or than such shorter period as the Registrar may in his discretion accept in special circumstances, and unless and until, in addition to all other relevant information, there are delivered to the Registrar(a) the certificate of birth of each of the persons to be married; (b) a declaration on oath made and signed by each of the persons to be married stating that to the best of his or her knowledge and belief there is no legal impediment to the marriage or other lawful cause why it should not take place: Provided that if it is shown to the satisfaction of the Registrar that it is impracticable to obtain a certificate of birth required to be delivered by this sub-article, the Registrar may accept instead such other document or evidence as he may deem adequate for the purpose of this article. (6) Act. The Registrar may administer oaths for the purposes of this (7) Where banns have been published in accordance with the provisions of this Act and it appears to the Registrar that there is no legal impediment or other lawful cause why the marriage should not take place, the Registrar shall, at the request of either of the parties to be married, issue a certificate that the banns have been so published and indicate therein, in addition to other relevant information, the date of the completion of such publication. (8) Subject to the provisions of article 10, no person shall Banns of matrimony. Amended by: III. 1983.2; I. 1995.5; XXIII.2017.98. 4 CAP. 255.] MARRIAGE officiate at a marriage unless a certificate issued in accordance with sub-article (7) in respect of the persons to be married has been produced to him; and that certificate or a certificate issued in terms of article 10 shall be final and conclusive proof of its contents. Refusal by Registrar to publish banns or issue certificates. 8. (1) If the Registrar is of the opinion that he cannot proceed to the publication of the banns or that he cannot issue a certificate of such publication he shall notify the persons requesting the publication of his inability to do so, giving the reasons therefor. (2) In any such case, either of the persons to be married may apply to the competent court of voluntary jurisdiction for an order directing the Registrar to publish the banns or to issue a certificate of their publication, as the case may require, and the court may, after hearing the applicant and the Registrar, give such directions as it may deem appropriate in the circumstances, and the Registrar shall act in accordance with any such directions. Marriage to be contracted within certain period from banns. Amended by: III. 1983.3. 9. (1) A marriage contracted before the sixth day after the completion of the period during which the banns are to remain posted up in accordance with the provisions of this Act, and a marriage contracted after the expiration of three months from the day on which the banns are first posted up as aforesaid, shall be void. (2) Where the period of three months referred to in sub-article (1) has expired, the banns shall be published again and the procedure for their publication shall be started afresh. Exceptions. 10. Notwithstanding the provisions of articles 8 and 9 (a) the period during which the banns are to remain posted up in accordance with article 7 or the period which must elapse, in accordance with article 9, before the marriage can take place, or both such periods, may be shortened by the Registrar if he is satisfied that the shortening of those periods is justified by the circumstances of the case; but in any such case the shortening of the periods must result from the banns; (b) where either of the persons to be married is in imminent danger of death, the publication of the banns may be dispensed with altogether by the Registrar and the marriage may be contracted on his authority without any banns being published, if each of the persons to be married makes and signs the declaration on oath required by article 7(5); and in any such case the Registrar shall certify under his hand that the marriage, with dispensation from the publication of banns, is authorised by him and shall specify in the certificate the manner in which he ascertained the imminent danger of death. Formalities of marriage MARRIAGE [CAP. 255. 11. (1) A marriage may be contracted either in a civil form between two consenting individuals, that is to say in the form established by this Act for civil marriage, or in a religious form, that is to say in a religious form in accordance with the provisions of this Act. 5 Forms of marriage. Amended by: XXXIV. 1981.2; XXIII.2017.99. (2) A marriage, whether contracted in a civil or in a religious form, shall be valid only if all the provisions of this Act applicable thereto or to marriage generally are satisfied or observed. (3) In the case of the non-observance of any formality or other similar requirement relating to the celebration of the marriage or preparatory thereto, a marriage may not be annulled and shall be held to have always been valid, if the demand for annulment is not made within two years after the celebration of the marriage. 12. (1) Registration is not essential to the validity of marriage. (2) Registration shall not operate as to validate a marriage which, independently of such registration, is null. (3) A marriage shall not have effect for any purpose of law unless and until the appropriate act of marriage is completed and delivered for registration in accordance with the provisions of articles 293 and 294 of the Civil Code. 13. (1) All marriages shall be contracted in the presence of at least two witnesses in addition to the officer, clergyman or other person officiating at the marriage ceremony. Registration of marriage. Substituted by: I.1995.6. Cap.16. Witnesses. (2) Any person over the age of eighteen years, even if related to any of the persons to be married, may be a witness for the purposes of this article or of article 14. 14. (1) Marriage may be contracted by proxy with the written authority of the Registrar if one of the persons to be married is not, and the other person is, present in Malta, and there are, in the opinion of the Registrar, grave reasons for permitting the marriage to take place by proxy. (2) The proxy must be operative and must contain a clear indication of the persons between whom the marriage is to take place; it shall be dated and shall be signed by the person making it in the presence of two witnesses and countersigned by the said witnesses and by a person authorised to authenticate signatures by the law of the country where the proxy is signed. (3) A proxy shall cease to be operative ninety days after it is signed. (4) In the case of a marriage contracted by proxy signed earlier than ninety days before marriage or which is revoked before the marriage without the knowledge of the other party, the marriage may not be annulled and shall be held to have always been valid, if there has been cohabitation for at least one month after the celebration of the marriage. Marriage by proxy. Amended by: XXXIV. 1981.3. 6 CAP. 255.] Form of civil marriage. Amended by: XXIII.2017.100. MARRIAGE 15. (1) A civil marriage shall be contracted in the presence of the Registrar, or of an officer of the Marriage Registry authorised by the Registrar to officiate at marriages, and of the witnesses required by this Act. (2) During the ceremony, the Registrar or other officiating officer in front of whom the marriage takes place shall ask each of the persons to be married, first to one of them and then to the other, whether that person will take the other as such person’s spouse, and upon the declaration of each of such persons that they so will, made without any condition or qualification, the Registrar or other officiating officer shall declare them to be spouses. (3) The act of marriage shall be completed and delivered for registration immediately after the marriage. (4) Without prejudice to the provisions of sub-article (2) the persons to be married may indicate to the Registrar or other officiating officer in front of whom the marriage takes place the form of words which will be used during the ceremony, including any readings, songs or music: Provided that the persons to be married must make such request by not later than seven days prior to the date set for the marriage. Place where civil marriage may be contracted. Amended by: III. 2008.18; XV. 2009.49. 16. (1) A civil marriage shall be contracted in the Marriage Registry or on board a Maltese registered ship while this is not in the internal waters of any country other than Malta or in such other place open to the public as the persons to be married may designate and which the Registrar accepts as appropriate. (2) If one of the persons to be married cannot, by reason of infirmity of body or other lawful cause, attend any of the places referred to in sub-article (1), the marriage may be contracted in such other place as the Registrar may deem appropriate in the circumstances. Form of religious marriage. Amended by: I.1995.7. 17. (1) Saving the provisions of article 21, a religious marriage shall be contracted according to the rites or usages of a church or religion which is recognised for the purposes of this Act and which either of the persons to be married belongs to or professes; but the consent of the persons to be married must, in order that the marriage may be valid, conform in substance to the consent required by article 15(2). (2) A church or religion shall be recognised for the purposes of this Act if it is generally accepted as a church or religion or if it is recognised for the purposes of this article by the Minister; and if any question arises as to the application of this sub-article, the decision of the Minister aforesaid shall be final and conclusive. (3) The act of marriage shall be completed and delivered for registration immediately after the marriage. MARRIAGE [CAP. 255. 7 Validity and annulment of marriages 18. A marriage, whether celebrated in Malta or abroad, shall be valid for all purposes of law in Malta if - Conflict of laws. Amended by: XXII.2025.12. (a) as regards the formalities thereof, the formalities required for its validity by the law of the country where the marriage is celebrated are observed; and (b) as regards the capacity of the parties, each of the persons to be married is, by the law of the country of his or her respective domicile, capable of contracting marriage: Provided that notwithstanding the provisions of article 244 of the Civil Code, no marriage shall be valid for all purposes of law in Malta if contracted between persons either of whom is under the age of eighteen (18) years. 19. (1) In addition to the cases in which a marriage is void in accordance with any other provision of this Act, a marriage shall be void: (a) if the consent of either of the parties is extorted by violence, whether physical or moral, or fear; (b) if the consent of either of the parties is excluded by error on the identity of the other party; (c) if the consent of either of the parties is extorted by fraud about some quality of the other party which could of its nature seriously disrupt matrimonial life; (d) if the consent of either of the parties is vitiated by a serious defect of discretion of judgment on the matrimonial life, or on its essential rights and duties, or by a serious psychological anomaly which makes it impossible for that party to fulfil the essential obligations of marriage; (e) if either of the parties is impotent, whether such impotence is absolute or relative, but only if such impotence is antecedent to the marriage; (f) if the consent of either of the parties is vitiated by the positive exclusion of marriage itself, or of any one or more of the essential elements of matrimonial life, or of the right to the conjugal act; (g) if either of the parties subjects his or her consent to a condition referring to the future; (h) if either of the parties, although not interdicted or infirm of mind, did not have at the time of contracting marriage, even on account of a transient cause, sufficient powers of intellect or volition to elicit matrimonial consent. (2) Subject to the provisions of this Act, an action for the annulment of a marriage may only be commenced by one of the parties to that marriage, and this provision shall apply even where Cap. 16. Nullity of marriage. Substituted by: XXXIV. 1981.4. 8 CAP. 255.] MARRIAGE such party is, under any provision of law, incapable of suing or being sued, and in any such case the action may be commenced by such party notwithstanding such incapacity, saving any assistance or other condition the court may deem appropriate to order. Where an action has been commenced by a party to a marriage, the action may be continued by any of the heirs. Annulment of marriage on the grounds of nonconsummation. Added by: I.1995.8. 19A. (1) A valid marriage may be annulled at the request of one of the spouses on the grounds that the other party has refused to consummate the same. (2) The provisions of article 19(2) shall apply to an action for the annulment of a marriage referred to in sub-article (1) as it applies to an action for the annulment of a marriage therein referred to. (3) An action for the annulment of a marriage under this article may not be instituted before the lapse of three months from the date of the celebration of the marriage. Putative marriage. Substituted by: XXXIV. 1981.5. 20. (1) If a marriage is declared to be void the effects of a valid marriage shall be deemed to have existed, in favour of the spouses until the judgment of nullity has become a res judicata when both spouses had contracted the marriage in good faith. (2) The effects of a valid marriage shall be deemed to have always existed with reference to the children born or conceived during a marriage declared to be void as well as with reference to children born before such marriage and acknowledged before the judgment declaring the nullity. (3) If only one of the spouses was in good faith such effects shall apply in his or her favour and in favour of the children. (4) If both spouses were in bad faith the effects of a valid marriage shall apply only in favour of the children born or conceived during the marriage declared to be void. (5) Notwithstanding any other provision, the spouse who was responsible for the nullity of the marriage, is bound to pay maintenance to the other spouse in good faith for a period of five years, which duty shall cease if the party in good faith marries during such period. Catholic Marriages Recognition of Catholic marriage. Added by: I.1995.10. 21. (1) A marriage celebrated in Malta after the coming into force of this article, in accordance with the norms and formalities e s t a b li sh e d b y Ca no n La w sha ll as fr om th e m o me n t of it s celebration, be recognised and have the same civil effects as a marriage celebrated in accordance with the norms and formalities of this Act. (2) The provisions of sub-article (1) shall apply only where: (a) the banns required by this Act have been either published or dispensed with in accordance with articles 7 to 10 and the Registrar has issued a certificate attesting such publication or dispensation; MARRIAGE [CAP. 255. 9 (b) the parish priest who in accordance with Canon Law has jurisdiction in the place where the marriage was celebrated transmits to the Director of the Public Registry an act of marriage in the form as may be prescribed duly signed by such authority as is provided for in the Agreement; and (c) no impediment to the marriage as is referred to in articles 3, 4, 5 and 6, subsists. So however that the competent organs of the Catholic Church may for the purpose of catholic marriages under this Act grant authorisations or dispense from the restrictions in article 3(2) and article 5(1)(c) and (d). (3) The certificate referred to in sub-article (2)(a) hereof shall constitute definite and conclusive proof of its contents. 22. (1) Notwithstanding anything contained in this Act or in the Civil Code relative to the procedure whereby, and the term in which, an act of marriage is to be registered, the Parish Priest referred to in article 21(2)(b), shall transmit to the Public Registry the act of marriage therein referred to for registration within five working days of the celebration of the marriage. Transcription of act of marriage. Added by: I.1995.10. Cap.16. (2) Failure to transmit the act of marriage for registration as is provided for in sub-article (1) shall not be an obstacle to such transmission after the lapse of such term. Either spouse may at all times demand that such transmission be effected by the Parish P ri es t w ho s ha ll re m ai n at al l t im e s o b li g ed t o e ff e ct su ch transmission. (3) When the act of marriage has been transmitted to the Public Registry, the Director of the Public Registry shall ascertain that the provisions of article 21 apply to the marriage, and upon having so ascertained he shall register the act which shall be deemed for all effects at law to be an act of marriage referred to in article 12. Upon registration of the act of marriage the Director of the Public Registry shall, as soon as may be, give notice of such registration to the Parish Priest transmitting the act of marriage. (4) A marriage which is recognised in accordance with article 21 shall upon transmission and registration of the act of marriage be r eco gni sed as from th e mo ment of it s celebration . Such recognition shall not, however, prejudice any property rights law f ul l y a c q u ir e d by t h ir d p a r t ie s i n g oo d f a i th be f o r e t h e transmission of the act of marriage as aforesaid in this article, where such act of marriage is transmitted after the expiry of the term referred to in sub-article (1) hereof. 23. A decision which has become executive, given by a tribunal, and declaring the nullity of a catholic marriage shall, where one of the parties is domiciled in, or a citizen of, Malta, and subject to the provisions of article 24 be recognised and upon its registration in accordance with the said article 24 shall have effect as if it were a decision by a court and which has become res judicata. Recognition of decisions given by tribunals. Added by: I.1995.10. Amended by: XXI. 2014.3. 10 CAP. 255.] Registration of decisions given by tribunal. Added by: I.1995.10. MARRIAGE 24. (1) Registration of a decision as is referred to in article 23 shall be effected by the Court of Appeal. (2) A request for such registration shall be made by application filed in the registry of the said court, and which shall be served on the Director of the Public Registry and where it is presented by one only of the spouses, on the other spouse. (3) The respondents shall have a right to file a reply within twelve working days of the service upon them of the application. (4) Together with the application, the applicant shall file: (a) an authentic copy of the decision; (b) a declaration of executivity according to Canon Law issued by the Tribunal that has given the decision. (5) The Court of Appeal registers that decision by giving a decree declaring the decision enforceable in Malta; such decree shall not be given unless the Court of Appeal is satisfied that: (i) the Tribunal was competent to judge the case of nullity of the marriage insofar as the marriage was a catholic marriage; and (ii) during and in the proceedings before the Tribunal there was assured to the parties the right of action and defence in a manner substantially not dissimilar to the principles of the Constitution of Malta; and (iii) there does not exist a contrary judgement binding the parties pronounced by a court, and which has become res judicata, based on the same grounds of nullity; and (iv) in the case of a marriage celebrated in Malta after the 11th August, 1975, there has been delivered or transmitted to the Public Registry the act of marriage laid down by this Act; and (v) in the case of a decision delivered on or after the 16th July, 1975, but before the coming into force of this article, the request for recognition is presented by both spouses; or where it is presented only by one of the spouses it is satisfied that the other spouse does not oppose the registration of the decision. (6) Notwithstanding the provisions of sub-article (5)(v) where a request for the registration of a decision as is referred to in article 23(1) issued by a tribunal on or alter the 16th July, 1975 but before the coming into force of this article, is made by one only of the spouses, and the other spouse opposes such registration, the Court of Appeal shall give the spouse opposing such registration a term not exceeding two months within which the spouse opposing such registration may present a plea, in accordance with Canon Law applicable, before the competent Tribunal to have the decision revoked; and the Court of Appeal shall only register that decision where the party opposing the registration has not entered the plea in MARRIAGE [CAP. 255. 11 the term established, or has entered the plea but the same was rejected or the decision declaring the marriage null was confirmed by the Tribunal. 25. A decree given by the Roman Pontiff "super matrimonio rato et non consummato", when one of the spouses is domiciled in or is a citizen of Malta, shall, subject to the provisions of article 26, be recognised and upon its registration in accordance with the said article 26, shall have effect as if it were a decision given by a court and which has become res judicata annulling a marriage on the grounds of non-consummation, in accordance with article 19A. Recognition of decrees super matrimonio rato et non consummato. Added by: I.1995.10. 26. (1) Registration of a decree as is referred to in article 25 shall be effected by the Court of Appeal. Registration of decree. Added by: I.1995.10. (2) A request for such registration shall be made by application accompanied by an authentic copy of the pontifical decree filed in the registry of the said court, and which shall be served on the Director of the Public Registry and where it is presented by one only of the spouses, on the other spouse. (3) The respondents shall have a right to file a reply within twelve working days of service upon them of the application. (4) (a) Registration shall be effected by an order of the Court of Appeal declaring the decree of the Roman Pontiff enforceable in Malta. (b) The Court of Appeal shall register the decree if it is satisfied that it refers to a catholic marriage which was celebrated after the coming into force of this article and either of the spouses is domiciled in or is a citizen of Malta. (5) Notwithstanding the provisions of sub-article (4) hereof, the Court of Appeal shall give a decree which refers to a catholic marriage celebrated before the coming into force of this article where the application therefor is filed by both spouses, or where it is filed by one only of the spouses, the other spouse does not oppose the registration. 26A. In its decision by virtue of articles 19, 24 or 26, the competent court shall also order that the Registrar of Courts shall notify the decision to the Director of the Public Registry within ten (10) working days from the day on which the decision shall have become res judicata. Notification of decision to Director of the Public Registry. Added by: LXV.2020.35. 27. The provisions of article 19(2) shall apply to applications made in terms of articles 24 and 26. Applicability of sub-article (2) of article 19. Added by: I.1995.10. 28. In the course of an application under articles 24 and 26 the Court of Appeal shall not go into the merits of the case leading to the decision or the decree the registration of which is demanded in the application but shall limit itself to ascertain if the requirements of this Act for the registration requested exist. Court of Appeal not to re-examine issue. Added by: I.1995.10. 12 CAP. 255.] Evidence required before tribunal. Added by: I.1995.10. Amended by: XXXI. 2002.262. Cap.12. MARRIAGE 29. (1) Where the evidence of any person is required before a Tribunal, any of the parties may request the appropriate section of the Civil Court to order that the evidence of such person be heard by one of the judicial assistants according to the residence of the witness, and upon such order being given the court shall fix a date for the hearing of the witness before the judicial assistant in the manner provided in articles 606 and 607 of the Code of Organization and Civil Procedure. (2) The parties to the case before the tribunal shall be notified of the date fixed for the hearing of the witness before the judicial assistant and may be present and be assisted by an advocate or legal procurator. (3) Any deposition taken in the manner provided in the preceding sub-articles shall also be signed by the supplementary judge or magistrate and deposited in the registry of the court. The Registrar shall give official copies of any evidence so registered to any of the parties or the Chancellor of the Tribunal. (4) Article 610(4) and (5) of the said Code shall apply to evidence taken under this article. Cap.12. (5) All the provisions of the Code of Organization and Civil Procedure and of any other law relating to the admissibility of evidence and to the competence and compellability of witnesses, as well as to privileged communications, shall apply to evidence taken under this article as they apply to evidence of witnesses before the Civil Court, First Hall. Independence of actions. Added by: I.1995.10. Amended by: XXIV.1995.362. Substituted by: XXI. 2014.4. 30. The fact that a case for the declaration of nullity of a catholic marriage is pending before a court or before the Tribunal at the time when another case is filed or is pending before a court or before the Tribunal for the declaration of nullity of the same marriage shall not hinder the court or the Tribunal from continuing to hear or from determining the case filed or pending before it. Failure to oppose within term. Added by: I.1995.10. 31. (1) Where a person who is served with an application as is referred to in articles 24 and 26 does not oppose the request for registration within the term prescribed for filing a reply, he shall be deemed to have admitted the application. (2) When all the parties to an application have admitted the same, the court shall not put the application for hearing but shall give the relative decree in camera. Applicability of other articles to catholic marriages. Added by: I.1995.10. 32. Articles 11 to 17 shall not apply to catholic marriages celebrated after the coming into force of this article*. Religious protection. 32A. Nothing contained in this Act shall be construed as obliging an official of a religious body in accordance with article 37 of this Act to solemnise a particular form of marriage which is not recognised by the religious body of which that official is a member.. Added by: XXIII.2017.101. *See Legal Notice 47 of 1995. MARRIAGE [CAP. 255. 13 Miscellaneous 33. Without prejudice to the implementation of any regulation applicable between the Member States of the European Union, a decision of a foreign court or a decision or other official act of equivalent effect of a foreign competent authority on the status of a married person or affecting such status shall be recognised for all purposes of law in Malta if the decision is given or if the other official act is issued by a court or a competent authority of the country in which either of the parties to the proceedings is domiciled or of which either of such parties is a citizen. 34. The Minister may make regulations (a) respecting the fees and other charges to be levied and paid in respect of anything done or services rendered under this Act or in respect of any other matter provided for under this Act or related thereto or connected therewith; Recognition of foreign decisions or other equivalent official acts affecting status of married persons. Amended by: I.1995.9; XXIII.2017.102. Regulations. Amended by: I.1995.9. (b) respecting the forms to be used for the purposes of this Act; and (c) generally for carrying out any of the provisions of this Act and for any other matter incidental or supplementary to any of the foregoing matters. 35. Without prejudice to articles 21 to 31, Canon Law shall, in so far as it had effect as part of the law of Malta on marriage, cease to have such effect, and all jurisdiction in relation to marriage shall vest in the courts of Malta in accordance with the relevant provisions of the Code of Organization and Civil Procedure. Law and jurisdiction in relation to marriage. Amended by: I.1995.9,11 Cap. 12. 36. (1) Save as hereinafter provided, the provisions of articles 18, 19, 19A, 20 and 35 shall apply to all marriages whether contracted before or after the commencement of this Act, including a marriage in respect of which proceedings were instituted prior to such commencement. Application of the Act. Amended by: I.1995.9,12. (2) Nothing in this Act shall (a) affect the validity of a marriage which was valid at the time it was contracted; or (b) affect the continued operation of a judgment having effect in Malta which is res judicata on or before July 15, 1975. (3) Where any signature is required of any person who cannot or is unable to write, the requirements of this Act shall be satisfied if in place of his signature there is set a mark of such person attested as provided in article 634(1) of the Code of Organization and Civil Procedure or by the Registrar. 37. (1) The Government may enter into agreements with other churches, religions or denominations regarding the recognition of marriages celebrated in accordance with the rules and norms of that church, religion or denomination, and declarations of nullity or annulment of such marriages by the organs of such church, religion or denomination having authority in accordance with its rules. Cap. 12. Agreements with other Churches, etc. Added by: I.1995.13. 14 CAP. 255.] MARRIAGE (2) Such agreements shall conform substantially to the provisions of the Agreement between the Holy See and Malta referred to in this Act. (3) When an agreement as is referred to in the preceding subarticle has been entered into by the Government, the Minister responsible for justice may make an order extending the provisions of this Act, with such modifications as may be required, to marriages celebrated in accordance with the rules and norms of such church, religion or denomination, and its declaration of nullity or annulment. Marriages of convenience. Added by: IX. 2004.20. 38. (1) Any person who contracts a marriage with the sole purpose of obtaining (a) Maltese citizenship; or (b) freedom of movement in Malta; or (c) a work or residence permit in Malta; or (d) the right to enter Malta; or (e) the right to obtain medical care in Malta, shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding two years. (2) Any right or benefit obtained by a person convicted of an offence under sub-article (1) on the basis of the marriage referred to in that sub-article (1) may be rescinded or annulled by the public authority from which it was obtained. (3) Any person who contracts a marriage with another person knowing that the sole purpose of such other person in contacting the marriage is one or more of the purposes referred to in subarticle (1) shall be guilty of an offence and shall on conviction be liable for the same punishment laid down in sub-article (1). MARRIAGE Added by: I. 1995.15. Amended by: XXI. 2014.5. [CAP. 255. 15 SCHEDULE (ARTICLE 2) AGREEMENT BETWEEN THE HOLY SEE AND MALTA ON THE RECOGNITION OF CIVIL EFFECTS TO CANONICAL MARRIAGES AND TO DECISIONS OF ECCLESIASTICAL AUTHORITIES AND TRIBUNALS ABOUT THE SAME MARRIAGES * (as amended by the Terzo Protocollo Addizzionale) (The Agreement is in the Italian and English languages). La Santa Sede e la Repubblica di Malta, - tenendo conto, da parte della Santa Sede, della dottrina cattolica sul matrimonio, come è anche espressa nel Codice di Diritto Canonico, nonchè dell’insegnamento del Concilio Ecumenico Vaticano II sulle relazioni tra la Chiesa e lo Stato e, da parte della Repubblica di Malta, dei principi sanciti nella Costituzione di Malta; - volendo assicurare, nel rispetto dei diritti fondamentali dell’uomo e dei valori della famiglia basata sul matrimonio, una libera scelta in materia matrimoniale; hanno riconosciuto l’opportunità di addivenire ad un accordo sul riconoscimento degl effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunal ecclesiastici circa gli stessi matrimoni. A tale fine la Santa Sede, rappresentata da Mons. Pier Luigi Celata, Arcivescovo titolare di Doclea, Nunzio Apostolico a Malta, e la Repubblica di Malta, rappresentata dal Prof. Guido de Marco, Vice Primo Ministro e Ministro per gli Affari Esteri, hanno stabilito, di comune intesa, quanto segue. Articolo 1 1. Sono riconosciuti gli effetti civili ai matrimoni celebrati a Malta secondo le norme canoniche della Chiesa Cattolica, dal momento della loro celebrazione, a condizione che: a) risulti da un attestato del "Marriage Registrar" che sono state eseguite le pubblicazioni richieste dalla legge civile, o che vi è stata dispensa dalle stesse, costituendo tale attestato una prova definitiva ed insindacabile della regolarità delle pubblicazioni o della dispensa dalle stesse: b) il Parroco del luogo dove è stato celebrato il matrimonio trasmetta al Registro Pubblico un esemplare originale dell’atto di matrimonio redatto nella forma stabilita di comune intesa fra le Alte Parti, e sottoscritto dall’Ordinario del luogo o dal Parroco o dal loro Delegato, che ha assistito alla celebrazione del matrimonio. 2. La Santa Sede prende atto che la Repubblica di Malta riconosce gli effetti civili dei matrimoni canonici quando non sussista fra i contraenti un impedimento che, secondo la legge civile, produca la nullità del matrimonio e che la stessa legge civile consideri inderogabile o non dispensabile. *Article 14 of Act I of 1995: 14. For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to ratify the Agreement between the Holy See and Malta on the recognition of Civil effects to canonical marriages and to the decisions of the ecclesiastical authorities and Tribunals about the same marriages. 16 CAP. 255.] MARRIAGE Articolo 2 1. L’atto di matrimonio deve essere trasmesso al Registro Pubblico per la debita trascrizione entro cinque giorni utili dalla celebrazione del matrimonio. 2. Qual ora la trasmissione dell’atto di matrimonio non venga effettuata entro il termine stabilito, rimane l’obbligo del Parroco di effettuarla al più presto possibile. Le parti, o anche una di esse, hanno sempre il diritto di chiedere tale trasmissione. La trasmissione tardiva non osta alla trascrizione. 3. Ove consti che le condizioni stabilite nell’articolo 1 siano state soddisfatte, il Direttore del Registro Pubblico trascrive l’atto di matrimonio e, al più presto possibile, ne dà notizia in iscritto al Parroco. Articolo 3 La Repubblica di Malta riconosce per tutti gli effetti civili, nei termini del presente Accordo, le sentenze di nullità e i decreti di ratifica di nullità di matrimonio emessi dai tribunali ecclesiastici e diventati esecutivi. Articolo 4 La Chiesa illuminerà i futuri sposi in merito alla specifica natura del matrimonio canonico e, di conseguenza, alla giurisdizione ecclesiastica in materia di vincolo matrimoniale. I futuri sposi prenderanno formalmente atto di ciò, per accettazione, in iscritto. Articolo 5 Le sentenze di nullità e i decreti di ratifica di nullità di matrimonio emessi dai tribunali ecclesiastici sono riconosciuti come efficaci per gli effetti civili, a condizione che: a) dalle parti, o da una di esse, sia presentata domanda alla Corte d’Appello insieme con una copia autentica della sentenza o decreto, e con una dichiarazione di esecutività secondo ii diritto canonico rilasciata dal tribunale che ha emanato la decisione esecutiva; b) consti alla Corte d’Appello che: (i) il tribunale ecclesiastico era competente a conoscere della causa di nullità del matrimonio in quanto questo era stato celebrato secondo la forma canonica della Chiesa Cattolica o con dispensa da essa; (ii) nel procedimento giudiziario cononico è stato assicurato alle parti il diritto di agire e di resistere in giudizio, in modo sostanzialmente non difforme dai principi della Costituzione di Malta; (iii) nel caso di un matrimonjo celebrato a Malta dopo l’11 agosto 1975 è stato consegnato, o trasmesso, al Registro Pubblico l’atto di matrimonio prescritto dalla legge civile; (iv) non esiste una sentenza contraria emanata dai tribunali civili e passata in giudicato, basata sugli stessi capi di nullità. Articolo 6 Le disposizioni di cui agli articoli 3 e 5 si applicano anche: a) ai matrimoni canonici celebrati prima dell’entrata in vigore del presente Accordo; b) alle sentenze di nullità e ai decreti di ratifica di nullità di matrimonio emanati MARRIAGE [CAP. 255. 17 dai tribunali ecclesiastici tra il 16 luglio 1975 e l’entrata in vigore del presente Accordo: (i) quando la domanda per il riconoscimento degli effetti civili sia presentata da ambedue le parti o, almeno, da una di esse non contraddicente l’altra parte; (ii) nel caso che vi sia una parte contraddicente, quando, dopo che alla stessa parte sia stato concesso dalla Corte d’Appello un termine, non superiore a due mesi, per presentare istanza al tribunale ecclesiastico contro la sentenza di nullità o il decreto di ratifica di nullità di matrimonio, sia trascorso inutilmente tale termine o, se sia stata interposta l’istanza, il competente tribunale ecclesiastico abbia respinto l’istanza o confermato la precedente sentenza di nullità o decreto di ratifica di nullità di matrimonio. Articolo 7 1. I decreti del Romano Pontefice "super matrimonio rato et non consummato" sono riconosciuti per gli effetti civili dalla Repubblica di Malta, dietro richiesta, accompagnata da copia autentica del decreto pontificio, presentata alla Corte d’Appello dalle parti o da una di esse. 2. La Corte d’Appello ordina il riconoscimento dei decreti di cui al numero 1 del presente articolo se consta ad essa che gli stessi decreti sono relativi a matrimoni celebrati secondo le norme canoniche della Chiesa Cattolica: a) dopo l’entrata in vigore del presente Accordo; b) anche prima dell’entrata in vigore di questo Accordo, a condizione che la copia del decreto sia presentata da ambedue le parti o almeno da una di esse non contraddicente l’altra parte. Articolo 8 Nell’espletamento delle proprie funzioni in ordine al riconoscimento dei decreti di cui all’articolo 7, come pure delle sentenze di nullità e dei decreti di ratifica di nullità di matrimonio di cui all’articolo 3, la Corte d’Appello non procede al riesame del merito. Articolo 9 Gli effetti civili derivanti dal riconoscimento di cui agli articoli 3 e 7 sono regolati dalla legge civile. Articolo 10 Se in avvenire sorgessero difficoltà di interpretazione o di applicazione del presente Accordo, la Santa Sede e la Repubblica di Malta affideranno la ricerca di un’ amichevole soluzione ad una commissione paritetica che sarà composta, per parte della Santa Sede, dal Nunzio Apostolico a Malta e dal Presidente della Conferenza Episcopale Maltese o da loro delegati, e, per parte della Repubblica di Malta, dal Ministro della Giustizia e dall’Avvocato Generale o da loro delegati. Articolo 11 Il presente Accordo entrerà in vigore al momento in cui le Parti si scambieranno ufficiale comunicazione della avvenuta piena applicazione di tutte le disposizioni dello stesso Accordo mediante gli strumenti giuridici propri dei rispettivi ordinamenti. Fatto alla Valletta, Malta, il tre febbraio millenovecentonovantatre, in doppio 18 CAP. 255.] MARRIAGE originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede. Per la Santa Sede Per la Repubblica di Malta (+Peir Luigi Celata) (Guido de Marco) PROTOCOLLO ADDIZIONALE (as amended by the Terzo Protocollo Addizzionale) Al momento della firma dell’Accordo sul riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei Tribunali ecclesiastici circa gli stessi matrimoni, la Santa Sede e la Repubblica di Malta, desiderando precisare ulteriormente alcune disposizioni dello stesso Accordo per assicurarne un’accurata applicazione ed evitare ogni difficoltà d’interpretazione, dichiarano di comune intesa: I. In relazione all’articolo 1,1.b) a) Le Alte Parti stabiliranno, di comune intesa, il modulo dell’atto di matrimonio prima dell’entrata in vigore dell’Accordo, mediante scambio di Note tra la Nunziatura Apostolica ed il ministero degli Affari Esteri. Esse seguiranno la stessa procedura qualora, in futuro, concordassero di apportare modifiche a tale modulo. b) Escluso il caso di pericolo di morte in cui si trovi almeno una delle parti, il "Marriage Registrar", insieme all’ attestato di cui all’articolo 1,1.a), rilascia alle parti un modulo dell’atto di matrimonio, debitamente riempito con tutti i dati relativi agli sposi. Il modulo così preparato dev’essere consegnato alle parti al più presto dopo la scadenza del periodo delle pubblicazioni e, in ogni caso, non più tardi di quattro giorni prima della data fissata per la celebrazione del matrimonio. Spetta alle parti di trasmettere immediatamente tale modulo al Parroco del luogo della celebrazione. Qualora rilevi qualche discrepanza tra i dati relativi agli sposi come risultano dal modulo di cui sopra e dai documenti canonici, il Parroco deve fare, al più presto possibile, le opportune verifiche al fine di concordare col "Marriage Registrar" la corretta stesura dello stesso modulo. II. In relazione all’articolo 1,2 Ai fini dell’applicazione dell’articolo 1,2 si intendono come impedimenti considerati inderogabili o non dispensabili dalla legge civile: a) il difetto di età, che è di sedici anni compiuti per ambedue le parti; b) l’infermità di mente di almeno una delle parti che renda incapace di contrarre matrimonio; c) la consanguineità in linea retta e, fino al secondo grado, in linea collaterale; d) la sussistenza di un precedente matrimonio, valido agli effetti civili, di almeno una delle parti. III. In relazione all’articolo 5,b.i) Si considera che il tribunale ecclesiastico era competente a conoscere della causa di nullità del matrimonio anche quando questo è stato impugnato per difetto di [CAP. 255. MARRIAGE 19 qualche elemento richiesto per la validità della forma canonica o della dispensa da essa. IV. In relazione agli articoli 6,b.i) e 7,2.b) II termine perentorio per la presentazione della nota di contradizione alla Corte di Appello è di dodici giorni utili dalla data della notifica fatta dalla stessa Corte alla parte interessata. V. Col termine "parroco" si intende anche ogni ecclesiastico equiparato al parroco, o che lo sostituisce, a norma del diritto canonico. Il presente Protocollo Addizionale fa parte integrante dell’Accordo sul riconscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, contestualmente firmato tra la Santa Sede e la Repubblica di Malta. Fatto alla Valletta, Malta il tre febbraio millenovecentonovantatre, in doppio originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede. Per la Santa Sede Per la Repubblica di Malta (+ Pier Luigi Celata) (Guido de Marco) Secondo Protocollo Addizionale (Cancellato dal Terzo Protocollo Addizzionale - reproduced hereunder) TERZO PROTOCOLLO ADDIZIONALE La Repubblica di Malta e la Santa Sede considerano conveniente modificare le disposizioni dell’Accordo tra la Santa Sede e la Repubblica di Malta sul riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, e modificare il relativo Protocollo Addizionale, entrambi firmati a Malta il 3 febbraio 1993, come pure abrogare il relativo Secondo Protocollo Addizionale, firmato a Malta il 6 gennaio 1995. La Repubblica di Malta e la Santa Sede hanno stabilito, di commune intesa, quanto segue: Articolo 1 Definizioni Nel presente Protocollo: "Accordo” significa l’Accordo tra la Repubblica di Malta e la Santa Sede sul riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato a Malta il 3 febbraio 1993; "Protocollo Addizionale" significa il Protocollo Addizionale dell’Accordo, anch’esso firmato a Malta il 3 febbraio 1993; 20 CAP. 255.] MARRIAGE "Secondo Protocollo Addizionale" significa il Secondo Protocollo Addizionale dell’Accordo, firmato a Malta il 6 gennaio 1995. Articolo 2 Modificazione dell’Accordo 1. L’Articolo 4 paragrafo 1 dell’Accordo e` cancellato. 2. L’Articolo 4 paragrafo 2 e` rinumerato come Articolo 4. Articolo 3 Modificazione del Protocollo Addizionale 1. Il paragrafo III del Protocollo Addizionale e` cancellato. 2. I paragrafi successivi sono rinumerati di conseguenza. Articolo 4 Cancellazione del Secondo Protocollo Addizionale Il Secondo Protocollo Addizionale e’ cancellato. Il presente Terzo Protocollo Addizionale fa parte integrante dell’Accordo sul riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorità e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato a Malta tra la Santa Sede e la Repubblica di Malta il 3 febbraio 1993. Fatto alla Valletta, Malta, il ventisette di gennaio 2014, in doppio originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede. Per la Repubblica di Malta Per la Santa Sede ........................................ Il Ministro per gli Affari Esterni ........................................ Il Nunzio Apostolico AGREEMENT BETWEEN THE HOLY SEE AND MALTA ON THE RECOGNITION OF CIVIL EFFECTS TO CANONICAL MARRIAGES AND TO DECISIONS OF ECCLESIASTICAL AUTHORITIES AND TRIBUNALS ABOUT THE SAME MARRIAGES * (as amended by the Terzo Protocollo Addizzionale) The Holy See and the Republic of Malta, - considering, on the part of the Holy See, Catholic doctrine on marriage, as also expressed in the Code of Canon Law, as well as the teaching of the Second Vatican Ecumenical Council on relations between the Church and the State, and, on the part of the Republic of Malta, the principles enforced by the Constitution of Malta; - wanting to ensure, in line with fundamental human rights and the values of the family based on marriage, a free choice in matters of marriage; have recognized that it is opportune to reach an agreement on the recognition of civil *Article 14 of Act I of 1995: 14. For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to ratify the Agreement between the Holy See and Malta on the recognition of Civil effects to canonical marriages and to the decisions of the ecclesiastical authorities and Tribunals about the same marriages. MARRIAGE [CAP. 255. 21 effects to canonical marriages and to the decisions of the ecclesiastical Authorities and tribunals about the same marriages. Wherefore, the Holy See, as represented by Msgr. Pier Luigi Celata, titular Archbishop of Doclea, Apostolic Nuncio to Malta, and the Republic of Malta, as represented by Prof. Guido de Marco, Deputy Prime Minister and Minister of Foreign Affairs, have, by common accord, established as follows. Article 1 1. Civil effects are recognized for marriages celebrated in Malta according to the canonical norms of the Catholic Church, from the moment of their celebration, provided that: a) it results from a certificate issued by the Marriage Registrar that the banns required by civil law have been published, or that a dispensation from the same has been granted; such certificate shall constitute definitive and conclusive proof of the regularity of the banns or of the dispensation therefrom; b) the Parish Priest of the place where the marriage was celebrated transmits to the Public Registry an original of the act of marriage compiled in the form established by common accord between the Parties, and signed by the local Ordinary or the Parish Priest or their Delegate, who has officiated at the celebration of the marriage. 2. The Holy See takes note that the Republic of Malta recognizes the civil effects of canonical marriages where there does not exist between the spouses an impediment that, according to civil law, produces the nullity of the marriage and that the said civil law considers as mandatory or not dispensable. Article 2 1. The act of marriage shall be transmitted to the Public Registry for due transcription within five working days of the celebration of the marriage. 2. Should the transmission of the act of marriage not be effected within the established time limit, it shall be the duty of the Parish Priest to effect the same as soon as possible. The spouses, or either of them, always retain the right to demand such transmission. Late transmission shall not be an obstacle to transcription. 3. When it is ascertained that the conditions laid down in article 1 have been complied with, the Director of the Public Registry transcribes the act of marriage and, as soon as possible, gives written notice of this to the Parish Priest. Article 3 The Republic of Malta recognizes for all civil effects, in terms of this Agreement, the judgements of nullity and the decrees of ratification of nullity of marriage given by the ecclesiastical tribunals and which have become executive. Article 4 The Church shall enlighten prospective spouses about the specific nature of canonical marriage and, consequently, about ecclesiastical jurisdiction concerning the marriage bond. The prospective spouses shall, by way of acceptance, formally take note of this in writing. Article 5 The judgements of nullity and the decrees of ratification of nullity of marriage 22 CAP. 255.] MARRIAGE given by the ecclesiastical tribunals are recognized as producing civil effects, provided that: a) a request is presented, by the parties or either of them, to the Court of Appeal together with an authentic copy of the judgement or decree, as well as a declaration of its executivity according to canon law issued by the tribunal that has given the executive decision; b) the Court of Appeal ascertains that: (i) the ecclesiastical tribunal was competent to judge the case of nullity of the marriage insofar as the marriage was celebrated according to the canonical form of the Catholic Church or with a dispensation therefrom; (ii) during the canonical judicial proceedings there was assured to the parties the right of action and defense, in a manner substantially not dissimilar to the principles of the Constitution of Malta; (iii) in the case of a marriage celebrated in Malta after the 11 August 1975, there has been delivered or transmitted to the Public Registry the act of marriage laid down by the civil law; (iv) there does not exist a contrary judgement pronounced by the civil tribunals and which has become res judicata, based on the same grounds of nullity. Article 6 The provisions of articles 3 and 5 apply also: a) to canonical marriages celebrated before the coming into force of this Agreement; b) to the judgements of nullity and to the decrees of ratification of nullity of marriage given by the ecclesiastical tribunals between the 16 July 1975 and the coming into force of the present Agreement: (i) if the request for the recognition of the civil effects is presented by both parties or, at least, by one of them with the other party not dissenting; or (ii) in case there is a dissenting party, if, after the Court of Appeal has granted to this same party a time limit, not exceeding two months, to present a plea to the ecclesiastical tribunal against the judgement of nullity or the decree of ratification of nullity of marriage, such time limit has elapsed to no avail or, if the plea had been entered, the competent ecclesiastical tribunal has rejected the plea or has confirmed the previous judgement of nullity or decree of ratification of nullity of marriage. Article 7 1. The decrees of the Roman Pontiff "super matrimonio rato et non consummato" are recognized as regards civil effects by the Republic of Malta, upon request, accompanied by an authentic copy of the pontifical decree, presented to the Court of Appeal by the parties or by either of them. 2. The Court of Appeal shall order the recognition of the decrees referred to in paragraph 1 of this article if it results to it that such decrees refer to marriages celebrated according to the canonical norms of the Catholic Church: a) after the coming into force of this Agreement; b) and also prior to the coming into force of this Agreement, on condition that the copy of the decree is presented by both parties, or at least by one of them with the other party not dissenting. MARRIAGE [CAP. 255. 23 Article 8 In the exercise of its specific functions as regards the recognition of the decrees mentioned in article 7, as well as of the judgements of nullity or of the decrees of ratification of nullity of marriage mentioned in article 3, the Court of Appeal does not re-examine the merits of the case. Article 9 The civil effects flowing from the recognition mentioned in articles 3 and …