 MARRIAGE  g CAP. 255.         
CHAPTER 255 
MARRIAGE ACT
To regulate marriages and to provide for matters connected therewith
or ancillary thereto.
12th August, 1975;
1st October, 1975
ACT XXXVII of 1975, as amended by Acts: XXXIV of 1981, III of 1983, I
and XXIV of 1995, IX of 2000 and XXXI of 2002.
Preliminary  
Title.
Interpretation.
Amended by;
I.1995.2;
IX.2000.8.
Cap. 16.
2. (1) In this Act, unless the context otherwise requires - 
"act of marriage" means the act of marriage drawn up and
completed in accordance with article 293 of the Civil Code;
"Agreement" means the Agreement between the Holy See and
Malta on the Recognition of Civil Effects to Canonical Marriages
and to the Decisions of the Ecclesiastical Authorities and Tribunals
about the Same Marriages, as well as the Protocol of Application
thereto, both signed in Malta on the 3rd February 1993, as well as
the Second Additional Protocol thereto signed in Malta on the 6th
January, 1995, which Agreement and protocols are reproduced in
the Schedule to this Act;
"Canon law" means the Code of Canon Law promulgated by the
competent organs of the Catholic Church and any other rule of law
sohowever called of the said Church relative to marriage;
"catholic marriage" means a marriage celebrated in accordance
with the norms and formalities of Canon Law or with a
dispensation therefrom granted by the competent organ in
accordance with Canon Law;
"Marriage Registry", in respect of marriages taking place in the
Island of Malta, means the division in the Public Registry Office in
the said island charged by the Minister with responsibility for
matters relating to marriages, and, in respect of marriages taking
place in Gozo, means the division in the Public Registry Office in
Gozo charged by the Minister as aforesaid;
"Minister" means the Minister responsible for the Public
Registry;
"parish priest" for the purposes of this Act includes also any
ecclesiastic who according to Canon Law, is equivalent to a parish
priest or substitutes a parish priest;
"Registrar" means the public officer designated by the Minister
to perform the functions of Marriage Registrar in respect of a
Marriage Registry, and includes, for any purpose of this Act, any
person authorised by the Registrar for that purpose;
"Tribunal" for the purposes of articles 23, 24, 29 and 30 means
  2      CAP. 255. h                MARRIAGE
the competent court or courts which in accordance with Canon Law
applicable at the time can pronounce on the validity of a catholic
marriage.
(2) Except where it is otherwise expressly provided, all the
provisions of this Act shall apply to all marriages whether
contracted in a civil or in a religious form.
Restrictions on marriage
Age for marriage.
Substituted by:
I.1995.3.
3. (1) A marriage contracted between persons either of whom
is under the age of sixteen shall be void.
(2) Without prejudice to the provisions of sub-article (1), a
person who is subject to paternal authority or to tutorship may not
validly contract marriage without the consent of the person
exercising such authority, or of the tutor, as the case may be.
Cap.12.
(3) Notwithstanding the provisions of sub-article (2) the court
of voluntary jurisdiction within whose jurisdiction the minor
habitually resides, may upon good cause being shown, authorise the
celebration of a marriage referred to in that sub-article, where the
consent of the person exercising paternal authority or of the tutor,
as the case may be, is not forthcoming; and for the purposes of
proceedings in connection with this sub-article, article 781( a ) of
the Code of Organisation and Civil Procedure shall not apply.
Infirmity of mind. 4. A marriage contracted between persons either of whom is
incapable of contracting by reason of infirmity of mind, whether
interdicted or not, shall be void.
Marriages within 
prohibited degrees.
Amended by:
I.1995.4.
5. (1) A marriage contracted between -
( a ) an ascendant and a descendant in the direct line;
( b ) a brother and a sister, whether of the full or half blood; 
( c ) persons related by affinity in the direct line; or
( d ) the adopter and the adopted person or a descendant, or
the husband or wife, of the adopted person,
shall, whether the relationship aforesaid derives from legitimate or
illegitimate descent, be void.
(2) For the purposes of sub-article (1), the relationship of an
adopted person shall be deemed to subsist both with reference to
his natural and to his adoptive family.
(3) The court of voluntary jurisdiction within whose
jurisdiction either of the spouses resides may upon good cause
being shown dispense from the provisions of sub-article (1)( c ) and
( d ).                 
Persons bound by 
previous marriage.
6. A marriage contracted between persons either of whom is
bound by a previous marriage shall be void.
 MARRIAGE  g CAP. 255.         
Formalities to precede marriage
Banns of 
matrimony. 
Amended by: 
III. 1983.2;
I.1995.5.
7. (1) The celebration of marriage must be preceded by the
publication of banns of matrimony.
(2) Banns of matrimony shall state the name, surname, place of
birth and residence of each of the persons to be married, the place
where they intend to contract marriage and, unless the Registrar in
the case of natural filiation or other circumstances deems proper to
act otherwise, the name of the father and the name and surname of
the mother of each of the persons to be married.
(3) The publication of the banns consists in the posting up of
the banns in a place at the Marriage Registry accessible to the
public and reserved for that purpose and in keeping the banns so
posted up for a period of not less than eight consecutive days
excluding Saturdays, Sundays and other public holidays. The banns
shall also be posted up at the place where official acts are usually
posted up in the town, village or parish in Malta in which each of
the persons to be married resides.
(4) Banns of matrimony shall be published by or by order of
the Registrar on a request in writing signed by both persons to be
married or, where the marriage is to take place by proxy, by the
proxy and the other person.
(5) A request for the publication of banns shall not be
entertained unless it is delivered to the Registrar earlier than six
weeks before the date of the intended marriage, or than such shorter
period as the Registrar may in his discretion accept in special
circumstances, and unless and until, in addition to all other relevant
information, there are delivered to the Registrar- 
( a ) the certificate of birth of each of the persons to be
married;
( b ) a declaration on oath made and signed by each of the
persons to be married stating that to the best of his or
her knowledge and belief there is no legal impediment
to the marriage or other lawful cause why it should not
take place:
Provided that if it is shown to the satisfaction of the Registrar
that it is impracticable to obtain a certificate of birth required to be
delivered by this sub-article, the Registrar may accept instead such
other document or evidence as he may deem adequate for the
purpose of this article.
(6) The Registrar may administer oaths for the purposes of this
Act.
(7) Where banns have been published in accordance with the
provisions of this Act and it appears to the Registrar that there is no
legal impediment or other lawful cause why the marriage should
not take place, the Registrar shall, at the request of either of the
parties to be married, issue a certificate that the banns have been so
published and indicate therein, in addition to other relevant
information, the date of the completion of such publication.
(8) Subject to the provisions of article 10, no person shall
  4      CAP. 255. h                MARRIAGE
officiate at a marriage unless a certificate issued in accordance with
sub-article (7) in respect of the persons to be married has been
produced to him; and that certificate or a certificate issued in terms
of article 10 shall be final and conclusive proof of its contents.
Refusal by 
Registrar to 
publish banns or 
issue certificates.
8. (1) If the Registrar is of the opinion that he cannot proceed
to the publication of the banns or that he cannot issue a certificate
of such publication he shall notify the persons requesting the
publication of his inability to do so, giving the reasons therefor.
(2) In any such case, either of the persons to be married may
apply to the competent court of voluntary jurisdiction for an order
directing the Registrar to publish the banns or to issue a certificate
of their publication, as the case may require, and the court may,
after hearing the applicant and the Registrar, give such directions
as it may deem appropriate in the circumstances, and the Registrar
shall act in accordance with any such directions.
Marriage to be 
contracted within 
certain period from 
banns. 
Amended by: 
III. 1983.3.
9. (1) A marriage contracted before the sixth day after the
completion of the period during which the banns are to remain
posted up in accordance with the provisions of this Act, and a
marriage contracted after the expiration of three months from the
day on which the banns are first posted up as aforesaid, shall be
void.
(2) Where the period of three months referred to in sub-article
(1) has expired, the banns shall be published again and the
procedure for their publication shall be started afresh.
Exceptions. 10. Notwithstanding the provisions of articles 8 and 9 -
( a ) the period during which the banns are to remain posted
up in accordance with article 7 or the period which
must elapse, in accordance with article 9, before the
marriage can take place, or both such periods, may be
shortened by the Registrar if he is satisfied that the
shortening of those periods is justified by the
circumstances of the case; but in any such case the
shortening of the periods must result from the banns;
( b ) where either of the persons to be married is in
imminent danger of death, the publication of the banns
may be dispensed with altogether by the Registrar and
the marriage may be contracted on his authority
without any banns being published, if each of the
persons to be married makes and signs the declaration
on oath required by article 7(5); and in any such case
the Registrar shall certify under his hand that the
marriage, with dispensation from the publication of
banns, is authorised by him and shall specify in the
certificate the manner in which he ascertained the
imminent danger of death.
Formalities of marriage
Forms of marriage. 
Amended by: 
XXXIV. 1981.2.
11. (1) A marriage may be contracted either in a civil form,
that is to say in the form established by this Act for civil marriage,
 MARRIAGE  g CAP. 255.         
or in a religious form, that is to say in a religious form in
accordance with the provisions of this Act.
(2) A marriage, whether contracted in a civil or in a religious
form, shall be valid only if all the provisions of this Act applicable
thereto or to marriage generally are satisfied or observed.
(3) In the case of the non-observance of any formality or other
similar requirement relating to the celebration of the marriage or
preparatory thereto, a marriage may not be annulled and shall be
held to have always been valid, if the demand for annulment is not
made within two years after the celebration of the marriage.
Registration of 
marriage. 
Substituted by:
I.1995.6.
12. (1) Registration is not essential to the validity of marriage.
(2) Registration shall not operate as to validate a marriage
which, independently of such registration, is null.
Cap.16.
(3) A marriage shall not have effect for any purpose of law
unless and until the appropriate act of marriage is completed and
delivered for registration in accordance with the provisions of
articles 293 and 294 of the   Civil Code.
Witnesses.
least two witnesses in addition to the officer, clergyman or other
person officiating at the marriage ceremony.
(2) Any person over the age of eighteen years, even if related to
any of the persons to be married, may be a witness for the purposes
of this article or of article 14.
Marriage by proxy.  
Amended by: 
XXXIV. 1981.3.
14. (1) Marriage may be contracted by proxy with the written
authority of the Registrar if one of the persons to be married is not,
and the other person is, present in Malta, and there are, in the
opinion of the Registrar, grave reasons for permitting the marriage
to take place by proxy.
(2) The proxy must be operative and must contain a clear
indication of the persons between whom the marriage is to take
place; it shall be dated and shall be signed by the person making it
in the presence of two witnesses and countersigned by the said
witnesses and by a person authorised to authenticate signatures by
the law of the country where the proxy is signed.
(3) A proxy shall cease to be operative ninety days after it is
signed.
(4) In the case of a marriage contracted by proxy signed earlier
than ninety days before marriage or which is revoked before the
marriage without the knowledge of the other party, the marriage
may not be annulled and shall be held to have always been valid, if
there has been cohabitation for at least one month after the
celebration of the marriage.
Form of civil 
marriage.
15. (1) A civil marriage shall be contracted in the presence of
the Registrar, or of an officer of the Marriage Registry authorised
by the Registrar to officiate at marriages, and of the witnesses
required by this Act.
  6      CAP. 255. h                MARRIAGE
(2) The Registrar or other officiating officer shall ask each of
the persons to be married, first to one of them and then to the other,
whether he or she will take the other as his wife or her husband
respectively, and upon the declaration of each of such persons that
they so will, made without any condition or qualification, he shall
declare them to be man and wife.
(3) The act of marriage shall be completed and delivered for
registration immediately after the marriage.
Place where civil 
marriage may be 
contracted.
16. (1) A civil marriage shall be contracted in the Marriage
Registry or in such other place open to the public as the persons to
be married may designate and which the Registrar accepts as
appropriate.
(2) If one of the persons to be married cannot, by reason of
infirmity of body or other lawful cause, attend any of the places
referred to in sub-article (1), the marriage may be contracted in
such other place as the Registrar may deem appropriate in the
circumstances.
Form of religious 
marriage.
Amended by:
I.1995.7.
17. (1) Saving the provisions of article 21, a religious
marriage shall be contracted according to the rites or usages of a
church or religion which is recognised for the purposes of this Act
and which either of the persons to be married belongs to or
professes; but the consent of the persons to be married must, in
order that the marriage may be valid, conform in substance to the
consent required by article 15(2).
(2) A church or religion shall be recognised for the purposes of
this Act if it is generally accepted as a church or religion or if it is
recognised for the purposes of this article by the Minister; and if
any question arises as to the application of this sub-article, the
decision of the Minister aforesaid shall be final and conclusive.
(3) The act of marriage shall be completed and delivered for
registration immediately after the marriage.
Validity and annulment of marriages
Conflict of laws. 18. A marriage, whether celebrated in Malta or abroad, shall be
valid for all purposes of law in Malta if -
( a ) as regards the formalities thereof, the formalities
required for its validity by the law of the country
where the marriage is celebrated are observed; and
( b ) as regards the capacity of the parties, each of the
persons to be married is, by the law of the country of
his or her respective domicile, capable of contracting
marriage.
Nullity of 
marriage. 
Substituted by: 
XXXIV. 1981.4.
19. (1) In addition to the cases in which a marriage is void in
accordance with any other provision of this Act, a marriage shall be
void:
( a ) if the consent of either of the parties is extorted by
violence, whether physical or moral, or fear;
 MARRIAGE  g CAP. 255.         
( b ) if the consent of either of the parties is excluded by
error on the identity of the other party;
( c ) if the consent of either of the parties is extorted by
fraud about some quality of the other party which
could of its nature seriously disrupt matrimonial life;
( d ) if the consent of either of the parties is vitiated by a
serious defect of discretion of judgment on the
matrimonial life, or on its essential rights and duties,
or by a serious psychological anomaly which makes it
impossible for that party to fulfil the essential
obligations of marriage;
( e ) if either of the parties is impotent, whether such
impotence is absolute or relative, but only if such
impotence is antecedent to the marriage;
( f ) if the consent of either of the parties is vitiated by the
positive exclusion of marriage itself, or of any one or
more of the essential elements of matrimonial life, or
of the right to the conjugal act;
( g ) if either of the parties subjects his or her consent to a
condition referring to the future;
( h ) if either of the parties, although not interdicted or
infirm of mind, did not have at the time of contracting
marriage, even on account of a transient cause,
sufficient powers of intellect or volition to elicit
matrimonial consent.
(2) Subject to the provisions of this Act, an action for the
annulment of a marriage may only be commenced by one of the
parties to that marriage, and this provision shall apply even where
such party is, under any provision of law, incapable of suing or
being sued, and in any such case the action may be commenced by
such party notwithstanding such incapacity, saving any assistance
or other condition the court may deem appropriate to order. Where
an action has been commenced by a party to a marriage, the action
may be continued by any of the heirs.
Annulment of 
marriage on the 
grounds of non-
consummation. 
Added by: 
I.1995.8.     
19A. (1) A valid marriage may be annulled at the request of
one of the spouses on the grounds that the other party has refused to
consummate the same.
(2) The provisions of article 19(2) shall apply to an action for
the annulment of a marriage referred to in sub-article (1) as it
applies to an action for the annulment of a marriage therein referred
to.
(3) An action for the annulment of a marriage under this article
may not be instituted before the lapse of three months from the date
of the celebration of the marriage.
Putative marriage. 
Substituted by: 
XXXIV. 1981.5.
20. (1) If a marriage is declared to be void the effects of a
valid marriage shall be deemed to have existed, in favour of the
spouses until the judgment of nullity has become a  res judicata
when both spouses had contracted the marriage in good faith.
  8      CAP. 255. h                MARRIAGE
(2) The effects of a valid marriage shall be deemed to have
always existed with reference to the children born or conceived
during a marriage declared to be void as well as with reference to
children born before such marriage and acknowledged before the
judgment declaring the nullity.
(3) If only one of the spouses was in good faith such effects
shall apply in his or her favour and in favour of the children.
(4) If both spouses were in bad faith the effects of a valid
marriage shall apply only in favour of the children born or
conceived during the marriage declared to be void.
(5) Notwithstanding any other provision, the spouse who was
responsible for the nullity of the marriage, is bound to pay
maintenance to the other spouse in good faith for a period of five
years, which duty shall cease if the party in good faith marries
during such period.
Catholic Marriages
Recognition of 
Catholic marriage. 
Added by: 
I.1995.10.  
21. (1) A marriage celebrated in Malta after the coming into
force of this article, in accordance with the norms and formalities
established by Canon Law shall as from the moment of its
celebration, be recognised and have the same civil effects as a
marriage celebrated in accordance with the norms and formalities
of this Act.
(2) The provisions of sub-article (1) shall apply only where:
( a ) the banns required by this Act have been either
published or dispensed with in accordance with
articles 7 to 10 and the Registrar has issued a
certificate attesting such publication or dispensation;
( b ) the parish priest who in accordance with Canon Law
has jurisdiction in the place where the marriage was
celebrated transmits to the Director of the Public
Registry an act of marriage in the form as may be
prescribed duly signed by such authority as is provided
for in the Agreement; and 
( c ) no impediment to the marriage as is referred to in
articles 3, 4, 5 and 6, subsists. So however that the
competent organs of the Catholic Church may for the
purpose of catholic marriages under this Act grant
authorisations or dispense from the restrictions in
article 3(2) and article 5(1)( c ) and ( d ).
(3) The certificate referred to in sub-article (2)( a ) hereof shall
constitute definite and conclusive proof of its contents.
Transcription of 
act of marriage. 
Added by: 
I.1995.10.  
Cap.16.
  22. (1) Notwithstanding anything contained in this Act or in
the Civil Code relative to the procedure whereby, and the term in
which, an act of marriage is to be registered, the Parish Priest
referred to in article 21(2)( b ), shall transmit to the Public Registry
the act of marriage therein referred to for registration within five
working days of the celebration of the marriage.
(2) Failure to transmit the act of marriage for registration as is
 MARRIAGE  g CAP. 255.         
provided for in sub-article (1) shall not be an obstacle to such
transmission after the lapse of such term. Either spouse may at all
times demand that such transmission be effected by the Parish
Priest who shall remain at all times obliged to effect such
transmission.
(3) When the act of marriage has been transmitted to the Public
Registry, the Director of the Public Registry shall ascertain that the
provisions of article 21 apply to the marriage, and upon having so
ascertained he shall register the act which shall be deemed for all
effects at law to be an act of marriage referred to in article 12.
Upon registration of the act of marriage the Director of the Public
Registry shall, as soon as may be, give notice of such registration to
the Parish Priest transmitting the act of marriage.
(4) A marriage which is recognised in accordance with article
21 shall upon transmission and registration of the act of marriage
be recognised as from the moment of its celebration. Such
recognition shall not, however, prejudice any property rights
lawfully acquired by third parties in good faith before the
transmission of the act of marriage as aforesaid in this article,
where such act of marriage is transmitted after the expiry of the
term referred to in sub-article (1) hereof.
Recognition of 
decisions given by 
tribunals. 
Added by: 
I.1995.10.  
23. (1) A decision which has become executive, given by a
tribunal, and declaring the nullity of a catholic marriage   shall,
where one of the parties is domiciled in, or a citizen of, Malta, and
subject to the provisions of article 24 be recognised and upon its
registration in accordance with the said article 24 shall have effect
as if it were a decision by a court and which has become  res
judicata.
(2) An executive decision given by a tribunal and upholding
the validity of a catholic marriage shall, where one of the parties is
domiciled in, or a citizen of, Malta, and subject to the provisions of
article 24 be recognised and upon its registration in accordance
with the said article 24 shall have effect as if it were a decision by a
court and which has become  res judicata  and as such shall not be
subject to re-examination on the same grounds.
Registration of 
decisions given by 
tribunal. 
Added by: 
I.1995.10.
24. (1) Registration of a decision as is referred to in article 23
shall be effected by the Court of Appeal.
(2) A request for such registration shall be made by application
filed in the registry of the said court, and which shall be served on
the Director of the Public Registry and where it is presented by one
only of the spouses, on the other spouse.
(3) The respondents shall have a right to file a reply within
twelve working days of the service upon them of the application.
(4) Together with the application, the applicant shall file:
( a ) an authentic copy of the decision;
( b ) a declaration of executivity according to Canon Law
issued by the Tribunal that has given the decision.
(5) The Court of Appeal registers that decision by giving a
  10      CAP. 255. h                MARRIAGE
decree declaring the decision enforceable in Malta; such decree
shall not be given unless the Court of Appeal is satisfied that:
(i) the Tribunal was competent to judge the case of
nullity of the marriage insofar as the marriage
was a catholic marriage; and
(ii) during and in the proceedings before the
Tribunal there was assured to the parties the
right of action and defence in a manner
substantially not dissimilar to the principles of
the Constitution of Malta; and
(iii) there does not exist a contrary judgement
binding the parties pronounced by a court, and
which has become  res judicata , based on the
same grounds of nullity; and
(iv) in the case of a marriage celebrated in Malta
after the 11th August, 1975, there has been
delivered or transmitted to the Public Registry
the act of marriage laid down by this Act; and
(v) in the case of a decision delivered on or after the
16th July, 1975, but before the coming into force
of this article, the request for recognition is
presented by both spouses; or where it is
presented only by one of the spouses it is
satisfied that the other spouse does not oppose
the registration of the decision.
(6) Notwithstanding the provisions of sub-article (5)(v) where
a request for the registration of a decision as is referred to in article
23(1) issued by a tribunal on or alter the 16th July, 1975 but before
the coming into force of this article, is made by one only of the
spouses, and the other spouse opposes such registration, the Court
of Appeal shall give the spouse opposing such registration a term
not exceeding two months within which the spouse opposing such
registration may present a plea, in accordance with Canon Law
applicable, before the competent Tribunal to have the decision
revoked; and the Court of Appeal shall only register that decision
where the party opposing the registration has not entered the plea in
the term established, or has entered the plea but the same was
rejected or the decision declaring the marriage null was confirmed
by the Tribunal.
Recognition of 
decrees  super 
matrimonio rato et 
non consummato. 
Added by: 
I.1995.10.
25. A decree given by the Roman Pontiff " super matrimonio
rato et non consummato ",   when   one of the spouses is domiciled in
or is a citizen of Malta, shall, subject to   the provisions of article 26,
be recognised and upon its registration in accordance with the said
article 26, shall have effect as if it were a decision given by a court
and which has become  res judicata  annulling a marriage on the
grounds of non-consummation, in accordance with article 19A.
Registration of 
decree. 
Added by: 
I.1995.10.
26. (1) Registration of a decree as is referred to in article 25
shall be effected by the Court of Appeal.
(2) A request for such registration shall be made by application
accompanied by an authentic copy of the pontifical decree filed in
 MARRIAGE  g CAP. 255.         
the registry of the said court, and which shall be served on the
Director of the Public Registry and where it is presented by one
only of the spouses, on the other spouse.
(3) The respondents shall have a right to file a reply within
twelve working days of service upon them of the application.
(4) ( a ) Registration shall be effected by an order of the Court
of Appeal declaring the decree of the Roman Pontiff
enforceable in Malta.
( b ) The Court of Appeal shall register the decree if it is
satisfied that it refers to a catholic marriage which was
celebrated after the coming into force of this article
and either of the spouses is domiciled in or is a citizen
of Malta.
(5) Notwithstanding the provisions of sub-article (4) hereof,
the Court of Appeal shall give a decree which refers to a catholic
marriage celebrated before the coming into force of this article
where the application therefor is filed by both spouses, or where it
is filed by one only of the spouses, the other spouse does not
oppose the registration.
Applicability of 
sub-article (2) of 
article 19. 
Added by: 
I.1995.10.
27. The provisions of article 19(2) shall apply to applications
made in terms of articles 24 and 26.
Court of Appeal 
not to re-examine 
issue. 
Added by: 
I.1995.10.
28. In the course of an application under articles 24 and 26 the
Court of Appeal shall not go into the merits of the case leading to
the decision or the decree the registration of which is demanded in
the application but shall limit itself to ascertain if the requirements
of this Act for the registration requested exist.
Evidence required 
before tribunal. 
Added by: 
I.1995.10.  
Amended by:
XXXI. 2002.262.
Cap.12.
29. (1) Where the evidence of any person is required before a
Tribunal, any of the parties may request the appropriate section of
the Civil Court to order that the evidence of such person be heard
by one of the judicial assistants according to the residence of the
witness, and upon such order being given the court shall fix a date
for the hearing of the witness before the judicial assistant in the
manner provided in articles 606 and 607 of the Code of
Organization and Civil Procedure.
(2) The parties to the case before the tribunal shall be notified of
the date fixed for the hearing of the witness before the judicial
assistant and may be present and be assisted by an advocate or legal
procurator .
(3) Any deposition taken in the manner provided in the
preceding sub-articles shall also be signed by the supplementary
judge or magistrate and deposited in the registry of the court. The
Registrar shall give official copies of any evidence so registered to
any of the parties or the Chancellor of the Tribunal.
(4) Article 610(4) and (5) of the said Code shall apply to
evidence taken under this article.
(5) All the provisions of the Code of Organisation and Civil
Procedure and of any other law relating to the admissibility of
  12      CAP. 255. h                MARRIAGE
evidence and to the competence and compellability of witnesses, as
well as to privileged communications, shall apply to evidence taken
under this article as they apply to evidence of witnesses before the
Civil Court, First Hall.
Courts to suspend 
action when matter 
is before a tribunal. 
Added by: 
I.1995.10.
Amended by:
XXIV.1995.362.
30. (1) Where the Tribunal decrees the acceptance of a
petition whereby a case for the declaration of nullity of a catholic
marriage celebrated after the coming into force of this article, is
initiated before such Tribunal, the Chancellor of the Tribunal or his
substitute shall deliver a certificate of such acceptance, duly
authenticated, to the Registrar of Courts who shall keep the same in
an appropriate register.
(2) Upon the registration as is referred to in sub-article (1), the
court shall cease to be competent to deal with the matter; and where
an action is pending before the court for the declaration of nullity
of a marriage in relation to which a certificate has been delivered to
the Registrar in accordance with sub-article (1), the court shall
suspend the hearing of the case before it, and may not resume
hearing the case and, in any case, shall not again be competent until
the said case has, in accordance with the procedures of the
Tribunal, been withdrawn from before the Tribunal or been
declared abandoned.
(3) It shall be the duty of the Registrar to bring to the notice of
the court any certificate which refers to that case, delivered to him
in accordance with sub-article (1), as well as any decision relative
thereto, registered in terms of article 24.
(4) Where an action for the declaration of nullity of a catholic
marriage is brought before a court, the court shall ascertain its
competence in terms of this Act.
Failure to oppose 
within term.  Added 
by: I.1995.10.
31. (1) Where a person who is served with an application as is
referred to in articles 24 and 26 does not oppose the request for
registration within the term prescribed for filing a reply, he shall be
deemed to have admitted the application.
(2) When all the parties to an application have admitted the
same, the court shall not put the application for hearing but shall
give the relative decree  in camera. 
Applicability of 
other articles to 
catholic marriages.
Added by:
I.1995.10.
32. Articles 11 to 17 shall not apply to catholic marriages
celebrated after the coming into force of this article * .
Miscellaneous
Recognition of 
foreign judgments 
affecting status of 
married persons.
Amended by:
I.1995.9.
33. A decision of a foreign court on the status of a married
person or affecting such status shall be recognised for all purposes
of law in Malta if the decision is given by a competent court of the
country in which either of the parties to the proceedings is
domiciled or of which either of such parties is a citizen.
Regulations.
Amended by:
I.1995.9.
34. The Minister may make regulations - 
( a ) respecting the fees and other charges to be levied and
* See  Legal Notice 47 of 1995.
 MARRIAGE  g CAP. 255.         
paid in respect of anything done or services rendered
under this Act or in respect of any other matter
provided for under this Act or related thereto or
connected therewith;
( b ) respecting the forms to be used for the purposes of this
Act; and
( c ) generally for carrying out any of the provisions of this
Act and for any other matter incidental or
supplementary to any of the foregoing matters.
Law and 
jurisdiction in 
relation to 
marriage.
Amended by:
I.1995.9,11 
Cap. 12.
35. Without prejudice to articles 21 to 31, Canon Law shall, in
so far as it had effect as part of the law of Malta on marriage, cease
to have such effect, and all jurisdiction in relation to marriage shall
vest in the courts of Malta in accordance with the relevant
provisions of the Code of Organization and Civil Procedure.
Application of 
the Act.
Amended by:
I.1995.9,12. 
36. (1) Save as hereinafter provided, the provisions of articles
18, 19, 19A, 20 and 35 shall apply to all marriages whether
contracted before or after the commencement of this Act, including
a marriage in respect of which proceedings were instituted prior to
such commencement.
(2) Nothing in this Act shall - 
( a ) affect the validity of a marriage which was valid at the
time it was contracted; or
( b ) affect the continued operation of a judgment having
effect in Malta which is  res judicata  on or before July
15, 1975.
Cap. 12.
(3) Where any signature is required of any person who cannot
or is unable to write, the requirements of this Act shall be satisfied
if in place of his signature there is set a mark of such person
attested as provided in article 634(1) of the Code of Organization
and Civil Procedure or by the Registrar.
Agreements with 
other Churches, 
etc. 
Added by: 
I.1995.13.
37. (1) The Government may enter into agreements with other
churches, religions or denominations regarding the recognition of
marriages celebrated in accordance with the rules and norms of that
church, religion or denomination, and declarations of nullity or
annulment of such marriages by the organs of such church, religion
or denomination having authority in accordance with its rules.
(2) Such agreements shall conform substantially to the
provisions of the Agreement between the Holy See and Malta
referred to in this Act.
(3) When an agreement as is referred to in the preceding sub-
article has been entered into by the Government, the Minister
responsible for justice may make an order extending the provisions
of this Act, with such modifications as may be required, to
marriages celebrated in accordance with the rules and norms of
such church, religion or denomination, and its declaration of nullity
or annulment.
  14      CAP. 255. h                MARRIAGE
Added by:    SCHEDULE
I.1995.15.
 ( A R T I C L E  2)
AGREEMENT BETWEEN THE HOLY SEE AND MALTA ON THE RECOGNITION OF 
CIVIL EFFECTS TO CANONICAL MARRIAGES AND TO DECISIONS OF 
ECCLESIASTICAL AUTHORITIES AND TRIBUNALS ABOUT THE SAME 
MARRIAGES *
(The Agreement is in the Italian and English languages).
La Santa Sede e la Repubblica di Malta,
- tenendo conto, da parte della Santa Sede, della dottrina cattolica sul
matrimonio, come è anche espressa nel Codice di Diritto Canonico, nonchè
dell’insegnamento del Concilio Ecumenico Vaticano II sulle relazioni tra
la Chiesa e lo Stato e, da parte della Repubblica di Malta, dei principi
sanciti nella Costituzione di Malta;
- volendo assicurare, nel rispetto dei diritti fondamentali dell’uomo e dei
valori della famiglia basata sul matrimonio, una libera scelta in materia
matrimoniale;
hanno riconosciuto l’opportunita di addivenire ad un accordo sul riconoscimento
degl effetti civili ai matrimoni canonici e alle decisioni delle Autorita e dei tribunal
ecclesiastici circa gli stessi matrimoni.
A tale fine la Santa Sede, rappresentata da Mons. Pier Luigi Celata, Arcivescovo
titolare di Doclea, Nunzio Apostolico a Malta, e la Repubblica di Malta,
rappresentata dal Prof. Guido de Marco, Vice Primo Ministro e Ministro per gli
Affari Esteri, hanno stabilito, di comune intesa, quanto segue.
Articolo 1
1. Sono riconosciuti gli effetti civili ai matrimoni celebrati a Malta secondo le
norme canoniche della Chiesa Cattolica, dal momento della loro celebrazione, a
condizione che:
a) risulti da un attestato del "Marriage Registrar" che sono state eseguite le
pubblicazioni richieste dalla legge civile, o che vi è stata dispensa dalle stesse,
costituendo tale attestato una prova definitiva ed insindacabile della regolarita delle
pubblicazioni  o della dispensa dalle stesse:
b) il Parroco del luogo dove è stato celebrato il matrimonio trasmetta al
Registro Pubblico un esemplare originale dell’atto di matrimonio redatto nella forma
stabilita di comune intesa fra le Alte Parti, e sottoscritto dall’Ordinario del luogo o
dal Parroco o dal loro Delegato, che ha assistito alla celebrazione del matrimonio.
2. La Santa Sede prende atto che la Repubblica di Malta riconosce gli effetti
civili dei matrimoni canonici quando non sussista fra i contraenti un impedimento
che, secondo la legge civile, produca la nullita del matrimonio e che la stessa legge
civile consideri inderogabile o non dispensabile.
*Article 14 of Act I of 1995:
14.  For the purposes of the Ratification of Treaties Act, the Government is hereby authorised to ratify
the Agreement between the Holy See and Malta on the recognition of Civil effects to canonical marriages
and to the decisions of the ecclesiastical authorities and Tribunals about the same marriages.
 MARRIAGE  g CAP. 255.         
Articolo 2
1. L’atto di matrimonio deve essere trasmesso al Registro Pubblico per la debita
trascrizione entro cinque giorni utili dalla celebrazione del matrimonio.
2. Qual ora la trasmissione dell’atto di matrimonio non venga effettuata entro il
termine stabilito, rimane l’obbligo del Parroco di effettuarla al più presto possibile.
Le parti, o anche una di esse, hanno sempre il diritto di chiedere tale trasmissione.
La trasmissione tardiva non osta alla trascrizione.
3. Ove consti che le condizioni stabilite nell’articolo 1 siano state soddisfatte, il
Direttore del Registro Pubblico trascrive l’atto di matrimonio e, al più presto
possibile, ne da notizia in iscritto al Parroco.
Articolo 3
La Repubblica di Malta riconosce per tutti gli effetti civili, nei termini del
presente Accordo, le sentenze di nullita e i decreti di ratifica di nullita di matrimonio
emessi dai tribunali ecclesiastici e diventati esecutivi.
Articolo 4
1.  Ai fini del riconoscimento degli effetti civili di cui all’articolo 3, la Santa
Sede prende atto che:
a) dal momento in cui viene notificata al "Registrar of Courts" l’accettazione,
da parte della Cancelleria dei tribunali ecclesiastici, della domanda presentata da
almeno una delle parti per ottenere la dichiarazione di nullita di un matrimonio
canonico celebrato dopo l’entrata in vigore del presente Accordo, è riconosciuta
unicamente agli stessi tribunali ecclesiastici la competenza di decidere in merito,
purchè i tribunali civili non abbiano gia emanato una sentenza passata in giudicato,
basata sugli stessi capi di nullita;
b) qualora risulti che sia stata ammessa dal giudice ecclesiastico la rinuncia ad
una causa iniziata presso i tribunali ecclesiastici o che una causa sia canonicamente
caduta in perenzione, i tribunali civili potranno riprendere l’esame della causa
eventualmente gia iniziata presso di essi e sospesa in virtù di quanto disposto alla
precedente lettera a).
2. La Chiesa illuminera i futuri sposi in merito alla specifica natura del
matrimonio canonico e, di conseguenza, alla giurisdizione ecclesiastica in materia di
vincolo matrimoniale.
I futuri sposi prenderanno formalmente atto di ciò, per accettazione, in iscritto.
Articolo 5
Le sentenze di nullita e i decreti di ratifica di nullita di matrimonio emessi dai
tribunali ecclesiastici sono riconosciuti come efficaci per gli effetti civili, a
condizione che:
a) dalle parti, o da una di esse, sia presentata domanda alla Corte d’Appello
insieme con una copia autentica della sentenza o decreto, e con una dichiarazione di
esecutivita secondo ii diritto canonico rilasciata dal tribunale che ha emanato la
decisione esecutiva;
b)  consti alla Corte d’Appello che:
(i)  il tribunale ecclesiastico era competente a conoscere della causa di nullita
del matrimonio in quanto questo era stato celebrato secondo la forma canonica della
Chiesa Cattolica o con dispensa da essa;
  16      CAP. 255. h                MARRIAGE
 (ii)  nel procedimento giudiziario cononico è stato assicurato alle parti il diritto
di agire e di resistere in giudizio, in modo sostanzialmente non difforme dai principi
della Costituzione di Malta;
  (iii)  nel caso di un matrimonjo celebrato a Malta dopo l’11 agosto 1975 è stato
consegnato, o trasmesso, al Registro Pubblico l’atto di matrimonio prescritto dalla
legge civile;
  (iv)  non esiste una sentenza contraria emanata dai tribunali civili e passata in
giudicato, basata sugli stessi capi di nullita.
Articolo 6
Le disposizioni di cui agli articoli 3 e 5 si applicano anche:
a) ai matrimoni canonici celebrati prima dell’entrata in vigore del presente
Accordo;
b) alle sentenze di nullita e ai decreti di ratifica di nullita di matrimonio emanati
dai tribunali ecclesiastici tra il 16 luglio 1975 e l’entrata in vigore del presente
Accordo:
(i) quando la domanda per il riconoscimento degli effetti civili sia presentata da
ambedue le parti o, almeno, da una di esse non contraddicente l’altra parte;
(ii) nel caso che vi sia una parte contraddicente, quando, dopo che alla stessa
parte sia stato concesso dalla Corte d’Appello un termine, non superiore a due mesi,
per presentare istanza al tribunale ecclesiastico contro la sentenza di nullita o il
decreto di ratifica di nullita di matrimonio, sia trascorso inutilmente tale termine o,
se sia stata interposta l’istanza, il competente tribunale ecclesiastico abbia respinto
l’istanza o confermato la precedente sentenza di nullita o decreto di ratifica di nullita
di matrimonio.
Articolo 7
1. I decreti del Romano Pontefice "super matrimonio rato et non consummato"
sono riconosciuti per gli effetti civili dalla Repubblica di Malta, dietro richiesta,
accompagnata da copia autentica del decreto pontificio, presentata alla Corte
d’Appello dalle parti o da una di esse.
2. La Corte d’Appello ordina il riconoscimento dei decreti di cui al numero 1 del
presente articolo se consta ad essa che gli stessi decreti sono relativi a matrimoni
celebrati secondo le norme canoniche della Chiesa Cattolica:
a) dopo l’entrata in vigore del presente Accordo;
b) anche prima dell’entrata in vigore di questo Accordo, a condizione che la
copia del decreto sia presentata da ambedue le parti o almeno da una di esse non
contraddicente l’altra parte.
Articolo 8
Nell’espletamento delle proprie funzioni in ordine al riconoscimento dei decreti di
cui all’articolo 7, come pure delle sentenze di nullita e dei decreti di ratifica di
nullita di matrimonio di cui all’articolo 3, la Corte d’Appello non procede al riesame
del merito.
Articolo 9
Gli effetti civili derivanti dal riconoscimento di cui agli articoli 3 e 7 sono regolati
dalla legge civile.
 MARRIAGE  g CAP. 255.         
Articolo 10
Se in avvenire sorgessero difficolta di interpretazione o di applicazione del
presente Accordo, la Santa Sede e la Repubblica di Malta affideranno la ricerca di
un’ amichevole soluzione ad una commissione paritetica che sara composta, per
parte della Santa Sede, dal Nunzio Apostolico a Malta e dal Presidente della
Conferenza Episcopale Maltese o da loro delegati, e, per parte della Repubblica di
Malta, dal Ministro della Giustizia e dall’Avvocato Generale o da loro delegati.
Articolo 11
Il presente Accordo entrera in vigore al momento in cui le Parti si scambieranno
ufficiale comunicazione della avvenuta piena applicazione di tutte le disposizioni
dello stesso Accordo mediante gli strumenti giuridici propri dei rispettivi
ordinamenti. 
Fatto alla Valletta, Malta, il tre febbraio millenovecentonovantatre, in doppio
originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.
Per la Santa Sede                                                          Per la Repubblica di Malta
(+Peir Luigi Celata)                                                                  (Guido de Marco)
PROTOCOLLO  ADDIZIONALE
Al momento della firma dell’Accordo sul riconoscimento degli effetti civili ai
matrimoni canonici e alle decisioni delle Autorita e dei Tribunali ecclesiastici circa
gli stessi matrimoni, la Santa Sede e la Repubblica di Malta, desiderando precisare
ulteriormente alcune disposizioni dello stesso Accordo per assicurarne un’accurata
applicazione ed evitare ogni difficolta d’interpretazione, dichiarano di comune
intesa:
I. In relazione all’articolo 1,1.b)
a) Le Alte Parti stabiliranno, di comune intesa, il modulo dell’atto di matrimonio
prima dell’entrata in vigore dell’Accordo, mediante scambio di Note tra la
Nunziatura Apostolica ed il ministero degli Affari Esteri.
Esse seguiranno la stessa procedura qualora, in futuro, concordassero di apportare
modifiche a tale modulo.
b) Escluso il caso di pericolo di morte in cui si trovi almeno una delle parti, il
"Marriage Registrar", insieme all’ attestato di cui all’articolo 1,1.a), rilascia alle
parti un modulo dell’atto di matrimonio, debitamente riempito con tutti i dati relativi
agli sposi. Il modulo così preparato dev’essere consegnato alle parti al più presto
dopo la scadenza del periodo delle pubblicazioni e, in ogni caso, non più tardi di
quattro giorni prima della data fissata per la celebrazione del matrimonio. Spetta alle
parti di trasmettere immediatamente tale modulo al Parroco del luogo della
celebrazione. Qualora rilevi qualche discrepanza tra i dati relativi agli sposi come
risultano dal modulo di cui sopra e dai documenti canonici, il Parroco deve fare, al
più presto possibile, le opportune verifiche al fine di concordare col "Marriage
Registrar" la corretta stesura dello stesso modulo.
  18      CAP. 255. h                MARRIAGE
II. In relazione all’articolo 1,2
Ai fini dell’applicazione dell’articolo 1,2 si intendono come impedimenti
considerati inderogabili o non dispensabili dalla legge civile:
a) il difetto di eta, che è di sedici anni compiuti per ambedue le parti;
b) l’infermita di mente di almeno una delle parti che renda incapace di contrarre
matrimonio;
c) la consanguineita in linea retta e, fino al secondo grado, in linea collaterale;
d) la sussistenza di un precedente matrimonio, valido agli effetti civili, di
almeno una delle parti.
III. In relazione all’articolo 4,1.a)
L’accettazione  da  parte  della  Cancelleria  dei  tribunali  ecclesiastici  viene
immediatamente notificata in iscritto dal Cancelliere degli stessi tribunali o da chi ne
fa le veci.
IV. In relazione all’articolo 5,b.i)
Si considera che il tribunale ecclesiastico era competente a conoscere della causa
di nullita del matrimonio anche quando questo è stato impugnato per difetto di
qualche elemento richiesto per la validita della forma canonica o della dispensa da
essa.
V. In relazione agli articoli 6,b.i) e 7,2.b)
II termine perentorio per la presentazione della nota di contradizione alla Corte di
Appello è di dodici giorni utili dalla data della notifica fatta dalla stessa Corte alla
parte interessata.
VI. Col termine "parroco" si intende anche ogni ecclesiastico equiparato al
parroco, o che lo sostituisce, a norma del diritto canonico.
Il presente Protocollo Addizionale fa parte integrante dell’Accordo sul
riconscimento degli effetti civili ai matrimoni canonici e alle decisioni delle Autorita
e dei tribunali ecclesiastici circa gli stessi matrimoni, contestualmente firmato tra la
Santa Sede e la Repubblica di Malta.
Fatto alla Valletta, Malta il tre febbraio millenovecentonovantatre, in doppio
originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.
Per la Santa Sede                                Per la Repubblica di Malta
(+ Pier Luigi Celata)                                         (Guido de Marco)
 MARRIAGE  g CAP. 255.         
Secondo Protocollo Addizionale
La Santa Sede e la Repubblica di Malta, desiderando evitare ogni difficolta
d’interpretazione  ed  assicurare  la  corretta  applicazione  dell’Accordo  sul
riconoscimento degli effetti civili ai matrimonii canonici e alle decisioni delle
Autorita e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato il 3 febbraio
1993, dichiarano di comune intesa che:
1. Le sentenze emanate dai tribunali ecclesiastici in cause di nullita che sono a
favore della validita del matrimonio, che non sono state appellate o che sono state
confermate in appello, comprese  mutatis mutandis  le sentenze nelle cause di cui
all’Articolo 6, b), (i) dell’Accordo, sono riconosciute a tutti gli effetti di legge in
Malta e saranno ritenute come  res judicata  e non riesaminabili sugli stessi capi dalle
corti civili, a condizione che alla Corte di Appello consti quanto è stabilito
all’Articolo 5,b) dell’Accordo. La stessa Corte, ai sensi dell’Articolo 8
dell’Accordo, non procede al riesame del merito della causa.
2. Quando una domanda per ottenere la dichiarazione di nullita del matrimonio è
presentata alla corte civile, il giudice accerta la sua competenza ai sensi
dell’Articolo 4,1 dell’Accordo e del Numero 1 di questo Protocollo.
Il presente Protocollo Addizionale fa parte integrante dell’Accordo sul
riconoscimento degli effetti civili ai matrimoni canonici e alle decisioni delle
Autorita e dei tribunali ecclesiastici circa gli stessi matrimoni, firmato a Malta tra la
Santa Sede e la Repubblica di Malta il 3 febbraio 1993.
Fatto alla Valletta, Malta, il 6 gennaio millenovecentonovantacinque, in doppio
originale in lingua italiana ed inglese, ambedue i testi facendo ugualmente fede.
Per la Santa Sede                                  Per la Repubblica di Malta
(+ Pier Luigi Celata)                                            (Guido de Marco).
  20      CAP. 255. h                MARRIAGE
The Holy See and the Republic of Malta,
- considering, on the part of the Holy See, Catholic doctrine on marriage, as
also expressed in the Code of Canon Law, as well as the teaching of the Second
Vatican Ecumenical Council on relations between the Church and the State, and, on
the part of the Republic of Malta, the principles enforced by the Constitution of
Malta; 
- wanting to ensure, in line with fundamental human rights and the values of the
family based on marriage, a free choice in matters of marriage;
have recognized that it is opportune to reach an agreement on the recognition of civil
effects to canonical marriages and to the decisions of the ecclesiastical Authorities
and tribunals about the same marriages.
Wherefore, the Holy See, as represented by Msgr. Pier Luigi Celata, titular
Archbishop of Doclea, Apostolic Nuncio to Malta, and the Republic of Malta, as
represented by Prof. Guido de Marco, Deputy Prime Minister and Minister of
Foreign Affairs, have, by common accord, established as follows.
Article 1
1. Civil effects are recognized for marriages celebrated in Malta according to the
canonical norms of the Catholic Church, from the moment of their celebration,
provided that:
a) it results from a certificate issued by the Marriage Registrar that the banns
required by civil law have been published, or that a dispensation from the same has
been granted; such certificate shall constitute definitive and conclusive proof of the
regularity of the banns or of the dispensation therefrom;
b) the Parish Priest of the place where the marriage was celebrated transmits to
the Public Registry an original of the act of marriage compiled in the form
established by common accord between the Parties, and signed by the local Ordinary
or the Parish Priest or their Delegate, who has officiated at the celebration of the
marriage. 
2.  The Holy See takes note that the Republic of Malta recognizes the civil
effects of canonical marriages where there does not exist between the spouses an
impediment that, according to civil law, produces the nullity of the marriage and that
the said civil law considers as mandatory or not dispensable.
Article 2
1. The act of marriage shall be transmitted to the Public Registry for due
transcription within five working days of the celebration of the marriage.
2. Should the transmission of the act of marriage not be effected within the
established time limit, it shall be the duty of the Parish Priest to effect the same as
soon as possible. The spouses, or either of them, always retain the right to demand
such transmission. Late transmission shall not be an obstacle to transcription.
3. When it is ascertained that the conditions laid down in article 1 have been
complied with, the Director of the Public Registry transcribes the act of marriage
and, as soon as possible, gives written notice of this to the Parish Priest.
 MARRIAGE  g CAP. 255.         
Article 3
The Republic of Malta recognizes for all civil effects, in terms of this Agreement,
the judgements of nullity and the decrees of ratification of nullity of marriage given
by the ecclesiastical tribunals and which have become executive.
Article 4
1. For the purposes of the recognition of the civil effects mentioned in article 3,
the Holy See takes note that:
a) from the moment in which notice is given to the Registrar of Courts of the
acceptance by the Chancery of the ecclesiastical tribunals of a petition presented by
at least one of the parties to obtain the declaration of the nullity of a canonical
marriage celebrated after the coming into force of the present Agreement,
competence to decide on the matter is recognized solely to the ecclesiastical
tribunals, provided that the civil tribunals have not already given a judgement that
has become  res judicata , based on the same grounds of nullity;
b) should it result that the ecclesiastical judge has admitted the renunciation of
case opened before the ecclesiastical tribunals or that a case has canonically fallen
into abatement, the civil tribunals shall be able to again take up the examination of
the case that may have already been presented before them and suspended by virtue
of what is provided in letter a) above.
2. The Church shall enlighten prospective spouses about the specific nature of
canonical marriage and, consequently, about ecclesiastical jurisdiction concerning
the marriage bond.
The prospective spouses shall, by way of acceptance, formally take note of this in
writing.
Article 5
The judgements of nullity and the decrees of ratification of nullity of marriage
given by the ecclesiastical tribunals are recognized as producing civil effects,
provided that:
a) a request is presented, by the parties or either of them, to the Court of Appeal
together with an authentic copy of the judgement or decree, as well as a declaration
of its executivity according to canon law issued by the tribunal that has given the
executive decision;
b)  the Court of Appeal ascertains that:
(i) the ecclesiastical tribunal was competent to judge the case of nullity of the
marriage insofar as the marriage was celebrated according to the canonical form of
the Catholic Church or with a dispensation therefrom;
(ii) during the canonical judicial proceedings there was assured to the parties
the right of action and defense, in a manner substantially not dissimilar to the
principles of the Constitution of Malta;  
(iii)  in the case of a marriage celebrated in Malta after the 11 August 1975, there
has been delivered or transmitted to the Public Registry the act of marriage laid
down by the civil law;
(iv)  there does not exist a contrary judgement pronounced by the civil tribunals
and which has become  res judicata , based on the same grounds of nullity.
  22      CAP. 255. h                MARRIAGE
Article 6
The provisions of articles 3 and 5 apply also:
a) to canonical marriages celebrated before the coming into force of this
Agreement;
b) to the judgements of nullity and to the decrees of ratification of nullity of
marriage given by the ecclesiastical tribunals between the 16 July 1975 and the
coming into force of the present Agreement:
(i) if the request for the recognition of the civil effects is presented by both
parties or, at least, by one of them with the other party not dissenting; or
(ii)  in case there is a dissenting party, if, after the Court of Appeal has granted to
this same party a time limit, not exceeding two months, to present a plea to the
ecclesiastical tribunal against the judgement of nullity or the decree of ratification of
nullity of marriage, such time limit has elapsed to no avail or, if the plea had been
entered, the competent ecclesiastical tribunal has rejected the plea or has confirmed
the previous judgement of nullity or decree of ratification of nullity of marriage.
Article 7
1. The decrees of the Roman Pontiff "super matrimonio rato et non
consummato" are recognized as regards civil effects by the Republic of Malta, upon
request, accompanied by an authentic copy of the pontifical decree, presented to the
Court of Appeal by the parties or by either of them.
2. The Court of Appeal shall order the recognition of the decrees referred to in
paragraph 1 of this article if it results to it that such decrees refer to marriages
celebrated according to the canonical norms of the Catholic Church:
a) after the coming into force of this Agreement;
b) and also prior to the coming into force of this Agreement, on condition that the
copy of the decree is presented by both parties, or at least by one of them with the
other party not dissenting.
Article 8
In the exercise of its specific functions as regards the recognition of the decrees
mentioned in article 7, as well as of the judgements of nullity or of the decrees of
ratification of nullity of marriage mentioned in article 3, the Court of Appeal does
not re-examine the merits of the case.
Article 9
The civil effects flowing from the recognition mentioned in articles 3 and 7 are
regulated by civil law.
Article 10
If in future there shall arise difficulties of interpretation or of application of the
present Agreement, the Holy See and the Republic of Malta shall entrust the search
for an amicable solution to a Joint Commission that shall be composed of the
Apostolic Nuncio to Malta and of the President of the Maltese Episcopal Conference
or of their delegates for the Holy See, and of the Minister for Justice and the
Attorney General or of their delegates for the Republic of Malta.
 MARRIAGE  g CAP. 255.         
Article 11
The present Agreement shall come into force when the Parties exchange an
official communication that the full implementation of all its provisions through the
appropriate legal instruments according to their respective legal systems has taken
place.
Done at Valletta, Malta, on the third day of February, one thousand nine hundred
and ninety-three, in two originals, each in the Italian and English languages, both
texts being equally authentic.
For the Holy See                                                    For the Republic of Malta
(+ Pier Luigi Celata)                                                  (Guido de Marco)
PROTOCOL OF APPLICATION
At the time of signature of the Agreement on the recognition of civil effects to
canonical marriages and to the decisions of the ecclesiastical Authorities and
tribunals about the same marriages, the Holy See and the Republic of Malta, desiring
to further specify certain provisions of the same Agreement to ensure their precise
application and to avoid all difficulties of interpretation, by common accord declare:
I. With reference to article 1,1.b)
a) The Parties shall establish, by common accord, the form of the act of marriage
before the coming into force of the Agreement, through exchange of Notes between
the Apostolic Nunciature and the Ministry of Foreign Affairs.
They shall follow the same procedure should they, in future, agree to modify the
said form.
 b) Except in case of danger of death in which at least one of the parties finds
itself, the Marriage Registrar shall, together with the certificate mentioned in article
1,1. a), issue to the parties a form of the act of marriage, duly filled in with all the
information referring to the spouses. The form so prepared shall be consigned to the
parties as early as possible after the completion of the period of publication of the
banns and, in any case, not later than four days prior to the date fixed for the
celebration of the marriage. It is incumbent on the parties to immediately transmit
such form to the Parish Priest of the place of celebration. Should the Parish Priest
notice any discrepancy between the information referring to the spouses as it results
from the form mentioned above and from the canonical documents, the Parish Priest
must, as soon as possible, make the opportune verifications so as to reach agreement
with the Marriage Registrar about the correct compilation of the said form.
II. With reference to article 1,2
For the purpose of putting into effect article 1,2 the following are understood to be
impediments considered mandatory or not dispensable by the civil law:
a) the lack of age, which is sixteen years completed for both parties;
b) the infirmity of mind of at least one of the parties which renders it incapable
of contracting marriage;
c) consanguinity in the direct line and up to the second degree in the collateral
line;
  24      CAP. 255. h                MARRIAGE
d) the subsistence of a previous marriage, valid in civil law, of at least one of the
parties.
III. With reference to article 4,1.a)
The acceptance by the Chancery of the ecclesiastical tribunals is to be
immediately notified in writing by the Chancellor of the same tribunals or his
substitute.
IV. With reference to article 5,b.i)
The ecclesiastical tribunal is considered to have been competent to judge the case
of nullity of the marriage even when it was challenged on the ground of the lack of
some element required for the validity of the canonical form or of the dispensation
therefrom.
V.  With reference to articles 6,b.i) and 7,2.b)
The peremptory time limit for the presentation of the note of pleas to the Court of
Appeal is of twelve working days from the date of notification made by the same
Court to the interested party.
VI. The terms "parish priest" refers also to any ecclesiastic equivalent to the
parish priest, or who substitutes him, according to canon law.
The present Protocol of Application forms an integral part of the Agreement on
the recognition of civil effects to canonical marriages and to the decisions of
ecclesiastical Authorities and tribunals about the same marriages contextually signed
between the Holy See and the Republic of Malta.
Done at Valletta, Malta on the third day of February, one thousand nine hundred
ninety-three, in two originals, each in the Italian and English languages, both texts
being equally authentic.
For the Holy See                                                       For the Republic of Malta
(+ Pier Luigi Celata)                                                     (Guido de Marco)
Second Additional Protocol
The Holy See and the Republic of Malta, desiring to avoid all difficulties of
interpretation and to ensure the precise application of the Agreement on the
recognition of civil effects to canonical marriages and to the decisions of the
ecclesiastical Authorities and tribunals about the same marriages, signed on the 3rd
February, 1993, by common accord declare that:
1. Judgements given by ecclesiastical tribunals in cases of nullity upholding the
validity of the marriage, which have not been appealed or which have been
confirmed on appeal, including  mutatis mutandis  judgements in cases in terms of
paragraph b) sub-paragraph (i) of Article 6 of the Agreement, are recognized for all
purposes of law in Malta and shall be considered as  res judicata  and not subject to
re-examination on the same grounds by the civil courts provided that the Court of
Appeal ascertains what is laid down in paragraph (b) of Article 5 of the Agreement.
 MARRIAGE  g CAP. 255.         
It shall not in terms of Article 8 of the Agreement re-examine the merits of the case.
2. Whenever a plea for nullity of marriage is presented to the civil court, the
judge is to ascertain his competence, in terms of paragraph 1 of Article 4 of the
Agreement and of Number 1 of this Protocol.
 The present Additional Protocol forms an integral part of the Agreement on the
recognition of civil effects to canonical marriages and to the decisions of
ecclesiastical Authorities and tribunals about the same marriages, signed in Malta
between the Holy See and the Republic of Malta on the 3rd February, 1993.
Done at Valletta, Malta on the 6th day of January, one thousand nine hundred
ninety-five, in two originals, each in the Italian and English languages, both texts
being equally authentic.
For the Holy See                                                    For the Republic of Malta
(+ Pier Luigi Celata)                                              (Guido de Marco).
