Saturday 31 May 2014

Public Registry [Malta]: Civil Unions

https://mhas.gov.mt/en/MHAS-Departments/Land%20Public%20Registry/Pages/Public-Registry.aspx

Public Registry

 The main functions and responsibilities of the Public Registry originate from the Public Registry Act (Cap 56), the Marriage Act (Cap 255), the Civil Unions Act (Cap 530), Chapter 16 of the Civil Code, Sections 1 to 306 and the Housing (Decontrol Ordinance), 1959 (Cap 158).

The Public Registry was set up on the 3rd August 1889 although the records date back to 1863. Records kept at the Public Registry include acts of birth, marriage, civil unions and death and adoption registrations. Annotations to the mentioned acts/registrations are made following court decrees/judgements. Certificates of the above are issued accordingly on request.
 
     Civil Status
     The Archives
 


  
     Civil Status
 
This Section is responsible for the issuance of copies of Acts of Birth, Marriage, Civil Unions and Death registered in Malta. It is also responsible for the issuance of Free Status Certificates.

Certificates may be obtained directly from the Civil Status Section or they may be ordered from the online sitewww.certifikati.gov.mt.
 
 
 
Marriages and Civil Unions in Malta are subject to the provisions of the Marriage Act, Cap 255, which became effective on the 12th August 1975 and Civil Unions Act, Cap 530 which became effective on the 14th April 2014. The Marriage Registry was established on the 12th August 1975, the year in which the Marriage Act was enacted. The Act regulates all marriages and Civil Unions in the Maltese Islands.

The Marriage Registry receives requests for the Publication of Banns for marriages and civil unions taking place in Malta. Applications for the publication of Banns are received between three (3) months and six (6) weeks prior to the date of marriage or civil union. The banns are published five (5) to four (4) weeks prior to the date of marriage or civil union. The Marriage Registry also provides the service of a Marriage Room were Civil Marriage and Civil Unions can be officiated.

The Marriage Registry also assists Maltese Nationals marrying foreigners by providing any required information. Moreover, the Office registers marriages and civil unions which took place abroad where at least one individual of the married couple is a Maltese National. The Marriage Registry is also responsible to commence formalities required to annotate in the relative Act of Birth, the legitimation ‘by subsequent marriage’ of children born out of wedlock. 

1    MARRIAGES

The process as regards formalities in preparation for marriage is as follows:

Religious Marriages

Three months prior to the marriage date, the couple should make a request for the publication of marriage banns at the Public Registry. To avoid queues couples are requested to call for an appointment on Tel: 25904212 – 7.

The couple should provide:
1.         Birth certificates (In case of applicants whose birth is not registered at the Malta Public Registry)
2          Identity cards and copies thereof
3          A photocopy of the identity cards of the witnesses.

The Marriage Registrar should be given the following information:
1.         The church or place where the marriage will be held
2.         The date of marriage
3.         The name and surname of the priest who will celebrate the marriage ceremony
4.         The surname which the bride will be using after marriage (her maiden surname, her husband’s or [in the case of widows] possibly that of her predeceased spouse).

Ten days prior to the marriage date the couple are to collect three documents prepared by the Marriage Registry and submit them to the Parish Priest of the place where the wedding ceremony will be held. After the Nuptial Mass, together with the witnesses and the priest who administered the Marriage Sacrament, the couple should sign their Marriage Certificate; the bride should sign using her maiden surname, or if she is widowed, her late husband’s surname.

Maltese nationals who plan to marry foreigners or persons who have lived abroad for a period of time, should request more information from the Marriage Registrar since foreign applicants would be required to present a recent free status certificate (that should be dated not more than 3 months prior to the date of marriage) and other legalized documents with their application. Those couples who are getting married in Gozo should apply for their marriage banns at the Marriage Registry in Victoria, Gozo.

Marriages can take place on board passenger vessels (Cruise Liners) registered in Malta. The solemnization of Civil Marriages has also been delegated to Local Council Mayors. However, in all cases, one still has to apply at the Marriage Registry.
 
Civil Marriages

The Marriage Registry provides also services for Civil Marriages. Those couples who opt for a Civil Marriage have to satisfy the same obligations and formalities requested for a religious marriage.
A Civil Marriage may take place at the Marriage Registry, or at any other public place that is accepted by the Marriage Registrar.

2    CIVIL UNIONS

Three months prior to the civil union date, the couple should make a request for the publication of banns at the Public Registry. To avoid queues couples are requested to call for an appointment on Tel: 25904212 – 7.
A Civil Union may take place at the Marriage Registry, or at any other public place that is accepted by the Marriage Registrar.

The couple should provide:
1.         Birth certificates (In case of applicants whose birth is not registered at the Malta Public Registry)
2          Identity cards and copies thereof
3          A photocopy of the identity cards of the witnesses.

The Marriage Registrar should be given the following information:
1.         The place where the civil union will be held
2.         The date of civil union
3.         The surname that the partners will be using after the civil union.

Five days prior to the date, couples are to contact the Marriage Registry to confirm the name of the marriage officer, to discuss transport arrangements and the ceremony itself.

Maltese nationals who plan to enter into a civil union with foreigners or persons who have lived abroad for a period of time, should request more information from the Marriage Registrar since foreign applicants would be required to present a recent free status certificate (that should be dated not more than 3 months prior to the date of marriage) and other legalized documents with their application. Those couples who are entering into a civil union  in Gozo should apply for their civil union banns at the Marriage Registry in Victoria, Gozo.

Click here for Frequently Asked Questions about Civil Unions.

Forms
     RZ1- Application for the purposes of Sec. 7 of the Marriage Act, 1975 
     ​RZ1-Application for the purposes of Sec. 4.2 (a) of the Civil Unions Act, 2014
     ​RZ2- Declaration for the purposes of Sec (5)of the Marriage Act, 1975
     ​RZ2- Declaration for the purposes of Sec. 4.2 (a) of the Civil Unions Act, 2014
 
 

This section registers all acts of civil status (i.e. births, marriages, civil unions and deaths) (both local and foreign). Each act is thoroughly checked for any mistake, processed and registered on a regular basis. All acts are registered in a matter of days, with care being taken to ensure that all details are entered correctly. The registrations of foreign acts of civil status pertain to Maltese citizens who were born, married or died abroad.

When necessary, supporting legal documentation relating to the status of the parents of the child or of the deceased are thoroughly checked to confirm the correct details and procedures before the ultimate registration of the Act.
 
Any person, who may have an interest, can bring an action before a competent court in Malta for (a) the correction of any registered Civil Status Act, (b) the legitimation per subsequens matrimonium of a person born out of wedlock and (c) the acknowledgement of the paternity of a person born out of wedlock.

Legitimation per subsequens matrimonium and correction of names by means of a prescribed application form indicated in the Civil Code may also be effected by applying to the Director, Public Registry.

Moreover, nullities and divorces of marriage and civil unions obtained in Malta are registered at the Public Registry together with divorces and nullities of marriage and civil unions obtained abroad (issued by a competent court) may be registered at the Public Registry after ascertaining that they conform to the relative requisites of Maltese Law. All changes emanating from the above instances are recorded in the Annotations column of the relative Civil Status Act.

The Sections annotate and correct in the Registry Files (which are a copy of the original act) and IT program, following a court sentence to this effect. The annotation or correction may be included in the birth, marriage, civil union or death certificates that are referred to as the Acts of Civil Status. This annotation may lead to the correction of the original certificate.

The Annotations Section is also responsible for the registration of local adoptions, foreign divorces, annulments of marriages and civil unions, and public deeds.  It is entrusted also with the acknowledgments and legitimation of children.

As regards women who have completed procedures for Legal Separation, this section annotates the change to their maiden surname.

Forms
     Declaration by a person requesting a minor alteration on the in the Act of birth in terms of Art 278a of the Civil Code (Cap 16)
     Application by a person for a correction of name in terms of Art 253 (2A) of the Civil Code (Cap 16)

Any legal document presented by an individual and not by the Court messengers should be accompanied by a covering letter requesting the relative annotation.

 
 
 
 
Customers (or their legal representative) are to fill in a prescribed form as stipulated in Article 3 of the Housing (Decontrol) Ordinance of 1959. The form is to be submitted together with deed of acquisition of property together with other relative documents (if applicable). After the necessary verification from the staff of this section, an ORDER of Decontrol duly signed by the director or his representative is issued. A certificate of Decontrol can also be issued on request.

The Land Valuation Office incorporates thousand of files (notices) containing proof of ownership of residential tenements and other relevant details (such as rental values/Rent Regulation Board judgments/details re deeds of transfer relating to the property in question and other correspondence) The registration of property was carried out between 1939 and 1948 and was officially required in the wake of the setting up of the War Damage Fund.
 
 
     The Archives
 
All Acts of Birth, Marriage and Death are preserved at the Archives of the Public Registry Office.  The three Registers contain all Acts of Birth, Marriage and Death which shall have taken place in the island of Malta, as well as any Act of Birth, Marriage or Death of a citizen of Malta drawn up or registered in a foreign country by a competent authority provided that there is a request of any person interested and upon the Director of the Public Registry being satisfied on the authenticity of such act. Every Act of Civil Status has a progressive number, of inscription starting from the first and ending with the last act received during each year.

The holdings of the Archives at Evans contain all the original Acts of Birth, Death and Marriage since 1863 to date. The staff refer to these documents on a daily basis in order to serve the general public.  Land Valuation Office (LVO) and Decontrol records are also managed by the Archives.
 
 
 
 
 
Opening hours:
 
Monday to Friday 7.30 hrs to 14.00 hrs
Wednesday also from 15.00 hrs to 18.00 hrs
Saturday 7.30 hrs to 11.00 hrs
 
E-mail:
 

Contact info:
Tel:  (+356) 2590 4200 (Reception)
Fax: (+356) 2590 4249

Director:
25904211

Administration:
25904241

Marriage Registry:
25904209
25904212 – 7,

Annotations:
25904218
25904104
25904246

Adjustments:
25904219
25904243
25904246

Registrations:
25904226-8

Civil Status:
25904238
25904232
25904234

Decontrol and Land Valuation Office:
25904225

Archives:
25904225
 

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