Cohabitation has been added alongside marriage and civil partnership to the choices available for couples wanting State recognition of their relationship.

The law approved by Parliament last Monday will, for the first time, give cohabiting couples legal rights previously denied to them, Civil Liberties Minister Helena Dalli told a news conference.

She acknowledged the law had been long in coming but noted it was based on a wide consultation process.

A law regulating cohabitation had first been promised in 1998 by a Nationalist administration. A draft was eventually published in 2012 but it never materialised.

The current law is significantly different from the 2012 proposal and provides three forms of regularisation for cohabiting couples.

The law offers de facto recognition without the need to make a formal notification

At a basic level, the law offers de facto recognition without the need to make a formal notification. It applies to couples that have been living together for two years.

The new rights under this arrangement include the recognition of the spouse as a next of kin with the right to take medical decisions on behalf of the partner.

They will also be afforded the right not to testify against each other in court, similar to the right enjoyed by married couples.

The second type of cohabitation is a more formal arrangement, which allows couples the right to draw up a contract in front of a notary. The couple can decide what rights and obligations to include in the contract.

A third permutation is a temporary right applicable for the next five years and was designed to protect vulnerable spouses in abusive relationships.

Under this temporary arrangement, the spouse can file a unilateral declaration of cohabitation to protect her/his rights and that of the children.

Dr Dalli explained this was a temporary five-year arrangement, which will not be necessary in the future as the de facto aspect of the law would have kicked in.

Minister Helena Dalli addressing the news conference.Minister Helena Dalli addressing the news conference.

 

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