What is a de facto marital union?
It is the union between two people who, without being married, form a permanent and singular life community, acquiring the same duties and rights of a marriage.
The Constitutional Court, by means of Sentence C-075-07, included homosexual couples amongst the people suitable to form this type of union, in order to provide them with patrimonial protection.
- Identification documents of the interested parties.
- Authentic copies of birth certificates, no more than one month after they were issued.
- Complete info: names, surnames, identity document numbers, place of birth, ages, occupations and addresses.
- Demonstration that they act in a common agreement.
- Date since they started living together.
- Identification of common children, if applicable, they must attach copies of the birth certificates of each of them.
- In the case of non-common children, who are under their parental authority or under their guardianship, they must submit an inventory of the assets owned by each child, if any. This inventory is drawn up by the curator designated by law.
What benefits does a common-law marriage/de fact marital union give me?
Entry to the patrimonial society, affiliation to the health system (EPS) and pension substitution.
What are the assets that are part of the patrimonial society between permanent partners?
Incluyen los bienes logrados con el trabajo y esfuerzo mutuo. They include goods achieved with work and mutual effort. The assets acquired before starting the de facto marital union are not included in the patrimony of the conjugal partnership, nor are the inheritances to which any of the parties have access to, raffles and other acquisitions.
What should I do to dissolve a de facto Marital Union?
It must be done by mutual consent registered in a public deed before a notary, by means of an act signed in a conciliation center, by a judicial judgment or due to the death of one of the partners.
When can I form a de facto Marital Union?
Whenever you want, as long as you agree with your permanent partner. The marital union and the patrimonial society, which generally arises as a consequence, are different. The latter is presumed to exist after two years of coexistence.
How is a de facto Marital Union declared?
Through these procedures:
- Public deed before a notary public by mutual consent of the permanent partners.
- An act of Conciliation signed by the permanent partners.
- Judicial sentence.
What is the difference between the patrimonial society and the de facto Marital Union?
The marital union is the decision between a couple and delimits the assets of each one, leaving them outside their union, while the patrimonial society exists automatically after 2 years of coexistence and can be verified by means of witnesses and other legal acts.
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