Preface

It is well known nowadays that the popularity of the Malta flag has grown substantially and is one of the world’s largest. Its portfolio boasts several cruise ships operated by some of the largest and most reputable cruise liner companies in the world. In today’s competitive climate, operators are constantly offering new services in a quest to stand out from the competition. One of these is providing the opportunity to guests to celebrate their wedding on a cruise ship as a highlight of their vacation, accompanied by their family and closest friends.

The provisions under the Maltese Marriage Act allow for the possibility of celebrating a marriage on board a Maltese-flagged vessel. The popularity of this service has increased substantially over the past few years and as a Maltese law firm, we have guided clients from the application process until the actual recording of the act of marriage in the Marriage Registrar (hereinafter referred to as the “Registrar”).

Civil Marriages on Maltese Vessels

Introduction

Historically, Maltese law did not cater for the possibility of marriages being celebrated on Maltese vessels. It was Act III of 2008 which recognised the extension of Malta’s jurisdiction concerning Maltese-flagged ships within the context of civil marriages, and therefore permitted such marriages to be celebrated on Maltese-flagged ships subject to certain conditions.

To allow this, the Act primarily amended Article 16 of the Marriage Act which specifies the place where a civil marriage may be contracted. Such provision was expanded to include “on board a Maltese registered ship…”. Crucially, it must be noted that when celebrating the marriage, the vessel must be in international waters, unless celebrated within the internal waters of Malta.

Who may Officiate the Marriage on a Maltese Vessel?

One of the key formalities for a marriage to be valid according to Maltese law is the requirement for it to be contracted “in the presence of the Registrar or an officer of the Marriage Registry.” The Marriage Act defines the ‘Registrar’ as “a public officer designated by the Minister to perform the functions of the Marriage Registrar”. Following the amendments introduced through Act III of 2008 to the Marriage act, the definition of ‘Registrar’ has been extended to include the master of the passenger vessel on board which the marriage takes place. This means that for all civil marriages conducted in this manner, it is the master of the ship (i.e. the captain) who may officiate it, and thus complete and sign the marriage certificate. For the captain to legally officiate the marriage, he must be authorised by the Registrar through a valid authorisation letter.

Procedures to be Followed

To initiate the marriage application procedure, several important steps must be adhered to. Firstly, all original documentation as required by the Registrar (except for any copies of passports) to commence the publication of the marriage banns must be completed, compiled and received by the Registrar not earlier than three (3) months and most importantly not later than six (6) weeks from the intended date of marriage.

With regards to the documents required by the Registrar, these primarily (but not exclusively) include the execution and submission of:

  1. A request for the publication of the banns of matrimony; and
  2. A declaration that there is no legal impediment to marry.

Other documents which may be required include certificates, declarations and affidavits which serve to either confirm the identities of the couple to be married, or to evidence that the parties are indeed free to marry. Any certificates issued by a foreign state and any declarations made must be apostilled to confirm the authenticity of any signature, seal or stamp attached in the document.

In situations where the current civil status of one (or both) of the spouses is that of being divorced, has had a marriage annulled or is widowed, more documentation evidencing their civil status will be required. Furthermore, the details of the witnesses who will eventually sign the marriage certificate must also be communicated to the Registrar.

Once the documents are submitted and are in an acceptable form, the Registrar will proceed to issue the marriage certificate which is to be sent to the ship and duly executed by all parties concerned. The original executed certificate must then be sent back immediately to the Registrar in Malta who shall record it on the register and then publish it after a few days.

With the proper legal guidance, the registration of marriages celebrated on Maltese ships can be a straightforward procedure. Our team is keen to assist couples in this process, whilst dealing with any challenges which may arise.