The marital union is the stable, singular and serious coexistence of bed, table and room between two people of different sex with the legal capacity to celebrate marriage, for a period of at least three years, who intend to constitute a family through a full communion of life.
The marital union can only be recognized on a registration basis, when the man and the woman demonstrate that they have lived in bed, table and room communion for a period of at least three years, provided that the following requirements are cumulatively met:
- Both applicants are over nineteen years of age;
- Both applicants are in full possession of their mental faculties;
- There are no marriage impediments between the applicants;
- If it is concluded that the applicants’ life in common guarantees the stability, unity and seriousness proper to marriage.
The marital union may also be recognized regardless of the period of coexistence, when there is one or more common descendants of the couple.
The registry recognition of the marital union is the responsibility of the Registry Office of the area of residence of the cohabitants.
Since the decision to recognize the marital union is subject to registrations in the same terms as the marriage.
The recognized the marital union is for all legal purposes as a formalized marriage and takes effect from the date of its beginning, that is, from the date from which the communion of life between the cohabitants was established.
The recognized marital union is extinguished in the same terms as the dissolution of the marriage.
In the event of termination of a de facto union that meets the aforementioned requirements and has not been subject to registration recognition, either party may request the court of their residence to be guaranteed:
- The right to food.
- The right to share in common property, in accordance with the supplementary property regime (comunion of acquired regime), just as it would take advantage of if it in the event of divorce.
- The right to live in the family’s home, with minor children of the couple under their care.
Since the aforementioned rights expire three years after the date of termination of the marital union, always taking into account that the cohabitant who contracts marriage or establishes a new de facto union loses the right to food.