A new cohabitation bill will see that only one form of cohabitation is recognised at law, one which is formalised by means of contract and registered in the Public Registry, Minister for Justice, Equality and Governance Edward Zammit Lewis said.

The new proposed bill on cohabitation will eliminate de facto cohabitation and that couples must go through a notarial procedure of formalising their relationship under a cohabitation contract. "After a year and a half of consultation and receiving feedback, it is clear that the original act was flawed," said Zammit Lewis. "We are pushing for a bill which recognises every type of family and to protect the rights of the most vulnerable."

Zammit Lewis announced the new bill on Monday morning at Auberge d'Argon in Valletta alongside members of the Notarial Council and Chamber of Advocates, who both played a vital role in the new bill.

"After studying different models, we have created a model that is adequate for professionals to work with and clear for the public to make use of," explained Zammit Lewis.

He said that the ministry is pushing to have the new bill passed through quickly.

Cohabitation is when couples decide to live together and formalise a relationship outside of marriage, and of recently have had their relationship regulated under the Cohabitation Act, Chapter 571 of the Laws of Malta. Now, this new bill is proposing the recognition of only one form of cohabitation, which is formalised by means of contract, notarised and registered in the Public registry. Therefore the new bill is doing away with de facto cohabitation and cohabitation by unilateral declaration.

Now the couple must present a certificate and declare that there is nothing holding them back from entering this contract. The couple must also declare that they are not currently legally bound to another person.

The minister explained that the current law had a lack of legal clarity when it came to de facto cohabitation, which could lead to further prejudice on the couples and their families.

While cohabiters have fewer obligations than those within a marriage, the community of assets for cohabiting couples is opt-in, therefore it is not automatic to the formalization of the relationship. This must be declared in front of a notary and does not pertain to all of the couple's combined assets, but is limited to the property on which the couple cohabits.

Now the legislation will also recognise one form of dissolution of the cohabitation relationship, which proposes that this can now only be done through the courts. The cohabitation relationship will be terminated by the court's decree and both parties agree on the terms of dissolution or through sentencing if the parties do not agree.

Zammit Lewis explained that those couples who already had a formal relationship under the previous cohabitation act will continue to be recognised under the terms of their original contract.