If you have been living with a partner for more than two years, you may be eligible for a de facto union. This text will clarify what this regime entails, as well as the rights, advantages, and disadvantages of this situation.
What is considered a de facto union?
A de facto union occurs when a couple has been living together for two years in circumstances similar to married couples. In short, they are a couple who live in the same house and share a life together.
Married
Those in a de facto union are not married. In other words, someone in a de facto union may be single and simply living with the other person in the couple for at least two years.
It is also important to realise that a de facto union is not a marital status.
What is the difference between a civil marriage and a de facto union?
The differences between a de facto union and civil marriage lie in the division of assets. When married, the couple have the right to choose one of property regimes, contrary to a common-law marriage, there must be a peaceful sharing or, if this is not possible, the courts will mediate the situation.
How to prove you live in a de facto union?
To prove they live in a de facto union, the couple must go to the parish council and present the following documents:
- A declaration by the two people, on their honour, that they have been living in a de facto union for more than two years;
- Certified full copies of the birth certificate for each person.
How does personal income tax work for registered partners?
For the submission of the tax return for 'unidos de facto' (de facto partners), it is not necessary for both to have the same tax domicile. However, they must prove the 'unidos de facto' situation through a declaration issued by the local parish council.
In the case of parental responsibilities: how does it work?
Even if they are only living together in a de facto union, members of a couple must still exercise their parental responsibilities.
Therefore, situations relating to children's well-being should also be discussed between the couple, even if they are not married.
A unión de facto termina quando: * Um dos parceiros decide terminar a relação. * Um dos parceiros casa ou constitui uma união de massas com outra pessoa. * Um dos parceiros falece. * Um dos parceiros é declarado ausente.
A de facto union ends for two reasons:
- When the people involved want to end the relationship;
- When one of the ex-couple members dies.
Advantages of de facto union
For those in a de facto union, there are several advantages that can be enjoyed, such as:
- To file a joint tax return, with the same benefits as married people;
- Subsidy in case of death of the other individual;
- The right to the same rules as married couples in companies – for example, when a couple living in a de facto union goes on holiday, they have the right to the same time off;
- Right to adoption;
- The separation process is easier.
Disadvantages of de facto union
A de facto union isn't solely made up of advantages. This way for a couple to be together also presents some disadvantages, including:
- There are no defined rules for sharing.;
- In the event of death, there is no right to an inheritance.;
- The legal duties of loyalty, respect, cohabitation, or assistance of a spouse do not exist;
- It is not possible to adopt a partner's surnames.
The rights in case of death in a de facto union are: * **Inheritance Rights:** In the absence of a will, the surviving partner may have rights to a portion of the deceased's estate, depending on the jurisdiction and the length of the union. However, these rights are often less extensive than those of married couples. * **Pensions and Social Security:** Depending on the country, the surviving partner may be entitled to survivor's pensions or other social security benefits. * **Housing Rights:** In some cases, the surviving partner may have the right to continue living in the shared home for a certain period. * **Funeral Arrangements:** The surviving partner usually has a right to be involved in funeral arrangements. * **Dependent Children:** If there are dependent children, the surviving partner may have rights concerning their custody and financial support. It's crucial to consult with a legal professional in the relevant jurisdiction to understand the specific rights applicable to your situation, as laws vary significantly.
In the event of the death of one of the partners in a de facto relationship, there are rights that the surviving partner has access to, such as:
- Death Grant;
- Widow's pension;
- Survivor's pension.
De facto union: what rights exist after divorce
The legal implications of a de facto union dictate that in the event of a separation, certain rights are similar to those of a marriage. The right to maintenance, the right to housing, and social assistance are the main pillars that must be secured for members of a former couple.
Um advogado pode auxiliar num caso de separação de várias formas: * **Aconselhamento Jurídico:** Fornecer informações sobre os seus direitos e obrigações legais em relação a questões como divórcio, custódia de filhos, pensão de alimentos, e divisão de bens. * **Negociação:** Representar os seus interesses em negociações com a outra parte ou o seu advogado para tentar chegar a um acordo amigável. * **Mediação:** Se for mais adequado, um advogado pode auxiliar num processo de mediação, ajudando a facilitar a comunicação e a encontrar soluções mutuamente aceitáveis. * **Representação em Tribunal:** Se não for possível chegar a um acordo extrajudicialmente, o advogado irá representá-lo em tribunal, apresentando o seu caso e defendendo os seus interesses perante o juiz. * **Elaboração de Documentos:** Preparar e rever todos os documentos legais necessários, como petições de divórcio, acordos de custódia, acordos de pensão de alimentos e divisões de bens. * **Proteção dos seus Interesses:** Assegurar que os seus direitos são protegidos em todas as fases do processo e que os acordos alcançados são justos e
In the case of de facto union separations, a lawyer is very relevant in situations such as the regulation of assets in a de facto union. The advisory process is also carried out by a legal professional, making the presence of a lawyer essential.
O Lawyers in Braga have the best professionals to assist you with this and other issues relating to de facto unions!
Do those living in a de facto union have inheritance rights?
It depends. Those who live in a de facto union do not have the right to inherit from their partner, unless the partner leaves their wishes in writing in a will.
What rights do children born in de facto relationships have?
Children born within a de facto union have the same rights that children resulting from marriages. In the event of separation, the responsibilities of parents are regulated in the same way as in divorces.
Can de facto couples adopt?
Yes, but with conditions. A couple in a de facto union who wish to adopt must:
- Been together for over four years;
- Both members of the couple must be over 25 years old;
- In cases where adoptive parents are over 60 years of age, adoption is only permitted if they are a descendant of the spouse or have previously been entrusted with the child.
When a de facto union (cohabitation) ends in Portugal, there's no automatic division of assets like there is in marriage. The situation is generally treated as an economic partnership, and asset division depends on proving ownership and contributions. Here's a breakdown of how it typically works: * **Proving Ownership:** Each partner needs to prove they own the assets they claim. This can be done through: * **Documents:** Purchase agreements, invoices, bank statements showing individual contributions, registration documents (for property or vehicles). * **Witness Testimony:** Friends, family, or neighbours might testify to who bought or contributed to specific assets. * **Contributions:** Even if an asset is in one person's name, the other partner may be able to claim a share if they can prove they contributed financially or through labour. This is where it gets more complex. Contributions could include: * **Financial Contributions:** Direct payments towards the purchase or upkeep of an asset. * **Labour/Effort:** Significant contributions to maintaining or improving a shared home or other property. * **Sacrifices:** Forgoing career opportunities or personal spending to support the partnership and the acquisition of assets. * **Jointly Acquired Assets:** Assets acquired during the de facto union through joint effort or with the intention of sharing are more likely to be considered for division. * **Negotiation and Agreement:** Ideally, former partners will reach an agreement amicably. This can be done through direct negotiation or with the help of a mediator. * **Legal Action:** If an agreement cannot be reached, either partner may need to take legal action to have the division of assets determined by a court. This can be a lengthy and costly process. * **Specific Rules for De Facto Unions:** Portuguese law does have some specific provisions for de facto unions when it comes to dividing shared assets, particularly if the union has lasted for a significant period and shows signs of a stable, shared life. Law No. 7/2001 (Legal Regime of De Facto Unions) provides some framework. * **Important Considerations:** * **Duration of the Union:** The longer the de facto union lasted, the stronger the argument for shared ownership and division of assets tends to be. * **Contributions:** Demonstrating clear contributions is crucial for claiming a share of assets solely in the other partner's name. * **Type of Asset:** Different types of assets (e.g., real estate, vehicles, bank accounts, personal belongings) may be treated differently. **In summary:** Unlike marriage, there's no automatic community of property. Division in a de facto union relies heavily on proving ownership and contributions, and often requires negotiation or court intervention. It's highly recommended to seek legal advice from a lawyer specialising in family law in Portugal to understand your specific rights and options.
The assets that each member of the couple already had before living together in a de facto union continue to be theirs. In other words, each person's assets remain their own.
What are the procedures for ending a de facto union?
A entrega deve ser feita Declaration on honoura declaration specifying when the union ended. If one of the parties does not wish to present this document, one of the individuals must present it alone.
However, the declaration is not mandatory.
Are there tax benefits associated with a de facto union?
A de facto union can bring various tax benefits for the couple, with particular emphasis on two situations:
- Filing joint tax returns;
- Bereavement allowance.
Conclusion
Among the various tax benefits that a de facto union brings, this form of union also has several other advantages, such as having a simpler divorce process than marriage.
When children are involved, in the event of a separation, children's rights are safeguarded and are the same as in a divorce. However, the presence of a lawyer in the various matters relating to a de facto union separation is essential.
