Chapter 530 – Civil Unions Act
What is this act about?
This law regulates civil unions, establishing their legal framework and ensuring they have similar effects and consequences to civil marriages. It also provides for the conversion of certain civil unions into marriage.
Who it applies to: Persons wishing to register a partnership as a civil union; Partners in a civil union, including those who may wish to convert their union to marriage.
At a glance
- Country
- Malta
- Area of law
- Environment and agriculture
- Articles
- 11
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The establishment and registration of civil unions.
- The legal effects and consequences of civil unions, equating them to civil marriage.
- The validity of unions of equivalent status celebrated abroad.
- The conversion of specific civil unions into marriage.
Who does this act apply to?
- Persons wishing to register a partnership as a civil union.
- Partners in a civil union, including those who may wish to convert their union to marriage.
What are the key points?
- Civil unions can be registered between two persons of the same or different sex.
- A civil union, once registered, has the corresponding effects and consequences in law of a civil marriage.
- A civil union is void if either person is already bound by a previous marriage, civil union, or another equivalent legal status.
- Partners in a civil union contracted before the Marriage Act and other Laws (Amendment) Act, 2017, may convert their civil union into marriage within five years from the coming into force of that Act.
Environment and agriculture
Legal text
Legal text
CIVIL UNIONS
CHAPTER 530
CIVIL UNIONS ACT To regulate civil unions and to provide for matters connected therewith or ancillary thereto.
14th April, 2014 ACT IX of 2014 as amended by Act XXIII of 2017, XIII of 2018 and LXV of 2020.
Art. 1
Art. 2
The short title of this Act is the Civil Unions Act.
In this Act, unless the context otherwise requires - Short title.
Interpretation. "civil union" means the civil union celebrated in accordance with the provisions of this Act; "the Minister" means the Minister responsible for the Public Registry; "partner" means a person, of either sex, who is bound by a civil union; "Registrar" shall have the same meaning as assigned to it in the Marriage Act, hereinafter referred to as "the Act"; "union of equivalent status" means any of the unions found in the list which the Minister by regulations may issue under this Act.".
Art. 3
Establishment of civil unions.
Art. 4
Civil unions and marriage.
Substituted by:
LXV.2020.33.
Art. 5
Civil unions shall only be contracted in the form established by this Act.
Art. 6
Form of civil unions.
CIVIL UNIONS domicile, capable of entering into such a union of equivalent status.
Void civil union.
Transitory provision.
Equation of rights and obligations.
Power to make regulations.
Art. 7
A civil union contracted between persons either of whom is bound by a previous marriage or civil union, or by another union of equivalent legal status contracted outside Malta shall be void.
Art. 8
Where a same sex couple, one of whom is a citizen of Malta, has contracted a marriage or a union of equivalent status before the coming into force of this Act, in a country outside Malta and either of the persons in the couple is a citizen of a country which is not a Member State of the European Union, the legal residence of the said third country national in Malta shall be deemed to have commenced as from the official date of the marriage or of the union of equivalent status.
Art. 9
In situations where the rights and obligations of civil partners are unclear, every effort shall be made to ensure that the determination of such rights and obligations is such that equates them to those enjoyed by spouses.
Art. 10
Provided that only those unions which in the opinion of the Minister are unions of equivalent status to civil unions as provided for by this Act may be listed in the regulations.
Conversion of civil union into marriage.
Added by:
XXIII.2017.104.
Amended by:
XIII.2018.35.
Art. 11
Provided that persons who commenced the necessary procedures to contract a civil union prior to the coming into force of the Marriage Act and other Laws (Amendment) Act, 2017, and contract that civil union prior to the first day of December 2017, may also convert their civil union into marriage in accordance with this article.