The Prenuptial Contract is a crucial legal document for couples planning to marry in Malta who wish to establish clear financial and property arrangements different from the default matrimonial regime. This agreement becomes particularly important in cases involving substantial assets, business interests, international property, or complex family wealth structures. Under Maltese law, prenuptial agreements must be executed before marriage and require notarial form to be valid. The document typically includes comprehensive details about existing assets, future financial arrangements, inheritance provisions, and dissolution terms. It must comply with the Civil Code of Malta and the 2014 amendments that specifically regulate prenuptial agreements. The agreement is especially relevant for high-net-worth individuals, international couples, business owners, or those entering second marriages with existing assets or children.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Interpretation: Rules for interpreting the agreement, including governing law and interpretation principles
5. Pre-marital Assets: Declaration and treatment of assets owned by each party before marriage
6. Treatment of Income and Future Assets: Provisions regarding income earned and assets acquired during marriage
7. Debts and Liabilities: Treatment of existing and future debts and financial obligations
8. Property Rights: Specific provisions regarding real estate and property ownership
9. Financial Obligations: Ongoing financial responsibilities and arrangements during marriage
10. Dissolution Provisions: Arrangements in case of divorce or dissolution of marriage
11. Death Provisions: Arrangements in case of death of either party
12. Amendment Procedure: Process for making changes to the agreement
13. General Provisions: Miscellaneous legal provisions including severability and entire agreement clauses
14. Execution: Signature blocks and notarization requirements
1. Business Interests: Provisions regarding existing or future business ownership and management - include when either party owns or plans to own a business
2. Intellectual Property Rights: Provisions regarding intellectual property owned before or created during marriage - include for professionals or creatives
3. Children's Provisions: Arrangements regarding existing children from previous relationships - include when either party has children
4. International Assets: Specific provisions for assets held in other jurisdictions - include for couples with international holdings
5. Family Gifts and Inheritance: Special provisions for family assets or expected inheritance - include when significant family wealth is involved
6. Religious Requirements: Specific provisions to comply with religious requirements - include when parties wish to incorporate religious elements
7. Confidentiality: Provisions regarding privacy and disclosure - include for high-net-worth individuals or public figures
1. Schedule A - Pre-marital Assets of First Party: Detailed inventory of assets owned by the first party before marriage
2. Schedule B - Pre-marital Assets of Second Party: Detailed inventory of assets owned by the second party before marriage
3. Schedule C - Pre-marital Debts: List of existing debts and liabilities of both parties
4. Schedule D - Agreed Division of Property: Specific arrangements for division of particular assets
5. Schedule E - Business Interests: Detailed description of business interests and their treatment
6. Appendix 1 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice
7. Appendix 2 - Financial Disclosure Statements: Detailed financial disclosure from both parties
8. Appendix 3 - Valuation Reports: Professional valuations of significant assets
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