Given the growth of Malta’s yachting industry and the increasing number of yachts being registered under the Malta flag, this has widened the possibility for Maltese-flagged yachts also offering a unique and legally recognized venue for wedding celebrations. 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”).

Application of the Marriage Act

Maltese law began to cater for the possibility of civil marriages being celebrated on Maltese vessels through Act III of 2008, which recognised the extension of Malta’s jurisdiction concerning Maltese-flagged vessels, which include yachts, within the context of civil marriages, and therefore permitted such marriages to be celebrated subject to certain conditions. 

The Act primarily amended Article 16 of the Marriage Act which dictates the place where a civil marriage may be contracted. This was expanded to include marriages contracted “on board a Maltese registered ship”, provided that the vessel is not within the internal waters of any foreign country. Therefore, the yacht must either be within the internal waters of Malta or in international waters.

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.” In respect of marriages taking place on board a Maltese yacht, this has been extended to include the captain of the vessel, as authorised by the Registrar through a valid authorisation letter. This means that the captain of the yacht will officiate all marriages conducted in this manner and complete the act of marriage.

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 to commence the publication of the marriage banns must be completed, compiled and received by the Registrar not earlier than three (3) months and not later than six (6) weeks from the intended date of marriage.                         

The documents required by the Registrar primarily (but not exclusively) include the submission of:

1. A request for the publication of the banns of matrimony; 
2. A declaration that there is no legal impediment to marry; 
3. Various certificates, declarations and affidavits that serve to confirm the identities of the spouses or to evidence that the parties are indeed free to marry – the documents required in this case may vary depending on the nationality of the spouses;
4. In situations where the current civil status of one (or both) of the spouses is that of being divorced, widowed or has had a marriage annulled, more documentation evidencing their civil status will be required; and 
5. The details of the witnesses who will eventually sign the marriage certificate must also be communicated to the Registrar.

The Certificate of Malta Registry confirming the details of the yacht aboard which the marriage will be celebrated must also be notified to the Registry to complete a successful marriage application.

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

With the proper legal guidance, the registration of marriages celebrated on Maltese registered yachts can be a straightforward procedure.

Matthew Attard is a partner within Ganado Advocates’ shipping and yachting team, with particular focus on the registration and sales/ acquisitions of vessels, the formation and support of shipping organisations and companies. Matthew regularly assists clients in corporate matters and M&A transactions as well as major financial institutions and owners in the financing of vessels and related matters