The Cohabitation Bill, which was presented at First Reading stage yesterday evening, will initially offer three different forms of cohabitation, Civil Liberties Minister Helena Dalli said this morning.

It will also address the serious issue of ‘unjust enrichment’ – a situation where unmarried homemakers end up penniless after a relationship breakdown. “This Bill will address the reality of families that are neither married nor are in a civil union. It will give them rights and duties as well,” Dr Dalli said at a press conference.

She explained that the first type of cohabitation is ‘De facto cohabitation.’ This type grants three personal rights – the right to be considered as the closest relative, of taking decisions on their partner’s medical care and of being exempt from testifying against each other – and the right to to be regarded as a tenant of any lease entered.

The second type, which is the type favoured by the government, is ‘Registered Cohabitation.’ Cohabiting couples would go before a notary and draw up a contract of rights and duties related to income, assets, children, etc.

Silvan Agius, Director, Human Rights and Integration Directorate, Ministry for Social Dialogue, Consumer Affairs and Civil Liberties, said this form of cohabitation differed from marriage in that people who get married accept ‘the whole package’ and only have to decide whether their assets will be common or separate, whereas people who opt for a registered cohabitation can choose what to include or not include in their contract.

Minister Dalli explained that the third form of cohabitation will be by ‘Unilateral declaration.’ This will allow one of the parties to unilaterally declare the cohabitation in order to secure the most basic rights at law. These are the right to financial assistance, the right to certain movables in the common home, the right to keep living in the same home for a reasonable period of time after a separation, the right to pay utility bills and the right for any survivors to live in the common home.

Dr Dalli said this was the least favoured form and would only be available for the first five years after the Bill becomes law, giving people the chance to get used to the concept of cohabitation.

Replying to questions Dr Dalli said there were no official statistics on the number of cohabiting couples in Malta but the numbers, although significant, were less than in Nordic countries.

The Minister also said that the concept of ‘unjustified enrichment,’ which already exists in Maltese law, will be included in the Bill. This was one of the issues that was raised frequently during the public consultation period. Dr Dalli said there were several instances where two people were in a long relationship and had children. “One of the partners worked – possibly in profitable business – while the other person stayed at home to raise the children and manage the house. When the couple broke up the working partner left the other without a penny. We are acting to rectify this issue.”

It was also explained that cohabiting persons will no longer be regarded as single and will, as such, not be able to marry or enter cohabitation agreements with other persons.

 

The new law applies equally to same-sex and opposite-sex couples. Relatives and friends living in the same home are specifically excluded.