A contract of cohabitation is entered into by two persons in an intimate relationship who are either already living together or intend to do so, without the bond of marriage. Through it, each partner acquires certain rights and duties in relation to the other and to any children. These may include, for instance, one partner’s right to make medical decisions concerning the other party. The couple may also agree on where to establish their cohabitation home and whether a community of assets is to operate between them.
Following amendments to the law of cohabitation, such an arrangement may only be formalised by a public deed. This deed may be amended or corrected only by another public deed, subject to court authorisation. Dissolution of a cohabitation may take place either by means of another court-authorised public deed or by the partners subsequently marrying or entering into a civil union with each other.
For the notary to prepare a deed of cohabitation, it is essential that both partners discuss and clearly explain their intentions to the notary.
Ethan Brincat 