'New cohabitation law will prevent victimisation of most vulnerable'

The Cohabitation Law approved by parliament last night will protect the most vulnerable in society from becoming the victims of abuse, Civil Liberties Minister Helena Dalli said, adding that the law had been promised by previous administrations but never materialised.

"Society has changed and people can choose to live their lives in a number of different arrangements. The government has an obligation to offer a legal framework for those wishing to regularise their arrangement," Dalli told a media briefing on the new law.

The law, she said, was the result of a lengthy and complicated consultation period where stakeholders, as well technical experts, were asked for their input.

She explained that under the new law there will initially be three types of arrangements. The first, 'de facto cohabitation', will automatically come into force when two individuals in a relationship are living together. This arrangement will offer couples limited rights including the recognition of a partner as one’s next of kin, the right to take decisions of a medical nature. Couples will also have the right not to testify against each other in court under this arrangement. Dalli clarified that this will not apply in cases of siblings or individuals living together who are not in a relationship.   

The second type of arrangement will see couples entering into a contract of their own choosing, signed by a notary, that defines the legal terms of their relationship; the third arrangement can be entered into unilaterally, and is intended for people who are living in a state of abuse, in order for their relationship to be recognised by the state.

"The government wants to avoid a situation where people contributed to a family, only for them not to have any rights if they are cast aside by their partner. We needed to find a way of regulating this. It was the most pressing issue," Dalli said.

Replying to a question on the introduction of same-sex marriages, the minister explained that the minister was currently working towards introduction of a legal provision and underscored that such a provision requires an analysis of all other laws which will be impacted by it.