MALTA Law and Practice Contributed by: John Bonello and Elian Scicluna, 8Point Law
protection cohabiting couples enjoyed was a quasi-contractual remedy of compensation for services rendered – that is, the liquidation of compensation for services rendered by the court upon the demand of a cohabitee (usually filed by an unemployed person against the breadwinner in the household). The situation is now regulated in terms of law. The new Cohabitation Act generally entitles per - sons who consider themselves to be in an inti - mate relationship and who wish to live together to enter into a formal cohabitation relationship in terms of the Cohabitation Act. The new Cohabi - tation Act bestows several rights and protections upon couples who register their cohabitation pursuant to the provisions of the Cohabitation Act. These rights, similar to those enjoyed by married or civil union couples, include the fol - lowing. • Tenancy rights – a cohabitant is considered a tenant for all legal purposes, irrespective of the date of the lease and whether it is resi- dential or commercial, granting them certain rights and protections in relation to such. • Family membership – cohabitants registered under the Cohabitation Act are recognised as family members. • Employment rights – cohabitants enjoy rights similar to those of married individuals or those in civil unions when it comes to work- related matters, including leave entitlements and other employment benefits. • Designated next of kin – under the Cohabita - tion Act, a cohabitant is regarded as the clos - est person to the registered cohabitant. This designation carries certain legal implications, especially in matters involving inheritance and medical decisions. • Children’s allowance – cohabitants who have children are eligible to receive children’s
allowance in accordance with the relevant legislation. Children (if any) would also have the right to live in the common home, unless otherwise determined by a competent court. A person who – immediately prior to the termina - tion of the relationship or the death of the other party – was continually and habitually living with another person as a couple, and who had been living with the same person for a period of not less than two years, and whose relationship is not regulated under any law may file an applica - tion before the court within 12 months request - ing the following rights (as the case may be and subject to certain limitations): • the right of habitation in the common home for a period determined by the court; and • the right to be compensated for any patri - monial loss that person may have suffered, where the other party would have enriched themselves to the former’s detriment. 2.7 Enforcement The Maltese courts issue executive acts to enforce court judgments and orders. These executive acts may take the form of either: • warrants to seize property (movable and immovable); or • garnishee orders intended to attach the funds of the debtor to third parties (usually banks). Failure to pay maintenance when due consti - tutes an offence that is punishable by detention. 2.8 Media Access and Transparency Proceedings before the Maltese courts are pub - lic. Similarly, all documents and records of the proceedings are accessible to the public. There are restrictions in the Family Court – although there is no blanket restriction on the media cov -
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