Cap. 614 Art. 4Nullity of the public deed. 

(1) A public deed of cohabitation made between:

(a) persons, one of whom has not attained the age of eighteen (18) years;

(b) ascendants and descendants in the direct line;

(c) siblings, from the same parents, or from one of the parents;

(d) the person adopting and the adoptee;

(e) persons, one of whom is unable to give his consent for the public deed due to civil interdiction or incapacitation, or the lack of the use of reason;

(f) persons, one of whom, or both, who are married or are in a civil union, either between themselves or with third parties, whether in Malta, or in any other country;

(g) persons, one of whom, or both, who are bound by a previous public deed of cohabitation in accordance with this Act, together or with third parties;

(h) persons, or any one of them, who are bound by a registered or unilaterally declared cohabitation in accordance with the Cohabitation Act, together or with third parties;

(i) persons, or any one of them, who are in a relationship with third parties which is already regulated by a foreign law that provides for the rights and obligations between themselves, irrespective of its title, shall be null and void.

(2) For the purposes of sub-article (1), the relationship of an adopted person shall be considered to exist both with reference to that person’s biological family as well as with his adoptive family.

(3) Deleted by Act XXII.2025.14.

(4) The Court of Voluntary Jurisdiction under which one of the parties intending to enter into a public deed of cohabitation falls may, if good cause is shown, refrain from applying the provisions of sub-article 4(1)(d), and the said decree shall be annexed to the act.