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Showing posts from April, 2021

Prenup vs Postnup contract: What’s the Difference and Who Needs One?

Whether you’re just about to tie the knot or are happily married, every couple can benefit from learning about marital agreements , better known as prenuptial and postnuptial contracts. Although two people generally get married because they love one another, once married, the couple’s property, assets and liabilities by default falls into what is known as the community of acquests. This means that marriage is also a contractual pact that binds a couple’s finances and resources. In Malta, a couple can opt out of the community of acquests regime either by entering into a prenup or a postnup.   What is a Prenuptial Contract? If you’re planning to get married in the near future, one of your decisions should be whether or not you should create a prenup. A prenup is a written contract entered into between two people before they get married. Its purpose is to regulate both parties’ assets and liabilities during the marriage and also in the event of a separation or divorce. Most pr...

New rent rates proposed in the new Controlled Leases Reform Act – a blessing or a farce?

A Bill has been tabled in Parliament in order to introduce the Controlled Leases Reform Act, 2021. This new law is intended to amend the laws which cap the rent chargeable on pre-1995 leases at the €185 plus the increase in cost of living every three years .   Back in 2018 the Housing (Decontrol) Ordinance was amended to introduce a procedure whereby the owner of a property which had originally been granted on temporary enfyteusis and which converted into a protected lease since the occupant was a Maltese citizen using the property as their ordinary residence could ask the Rent Regulation Board to review the rent or to order the occupant to leave the property on the lapse of five years if it was found that they have means which are deemed sufficient to disqualify them from continuing to enjoy the protected lease.   In terms of the 2018 amendments to the Housing (Decontrol) Ordinance, the owner of a property which had originally been granted on temporary enfyteusis and ...