A new cohabitation law has been approved with the aim of recognising all types of families and protecting the vulnerable, including women.

Equality Minister Edward Zammit Lewis tabled the new cohabitation law which is set to repeal and replace an old law that previously regulated cohabitation.

“Cohabitation is another model that recognises the family and where for some reason, parties involved do not feel comfortable with getting married or entering into a civil union. We fully respect their decision,” the minister said.

The new law will take precedence over previous cohabitation laws on unilateral cohabitation, where one party to the relationship declares an existing cohabitation by means of a judicial letter, and de facto cohabitation, where couples who are already cohabiting and have done so for at least the past two years are automatically recognised as cohabitees.

“A couple can go before a notary that will draw up a public cohabitation act and the couple declares whether it would engage the community of assets,” said Zammit Lewis.

“The notary then publishes such an act in the Public Registry and a certificate of cohabitation is issued.” 

The new law is believed to shift power to law courts with regard to the future of the children, as opposed to the old law, which granted more power to the parents, the Ministry said.

Couples who had a relationship under the previous cohabitation act will continue to be recognised under the terms of the original contract.

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