How to validate a civil union and what are the rights?

Learn how to validate a de facto union and what rights this regime gives access to.

Finally, what are the necessary steps and conditions for the common-law union to be legally recognized in Portugal, and what are the rights conferred to its members?  

Common-law marriage was recognized by law in Portugal in 2001. It is a legal situation where two people, regardless of gender, live together under similar conditions to that of a married couple, for a period of over two years. Although it does not have the same rights in all areas as a marriage, common-law marriage ensures protection in various important spheres.

How to prove a common-law marriage?

Formally registering a common-law union is not mandatory, but its validation can be done through different means of proof. DECO PROTeste, mentioned by Notícias ao Minuto, outlines some ways: Notícias ao Minuto.

• Children in common;

• Neighbors' or acquaintances' testimonies;

• Documents proving the sharing of housing;  

• Declaration issued by the parish council, based on a statement from both members, under oath, indicating that they have been living together for more than two years. It will also be necessary to present identification documents and, in some cases, birth certificates from both.

In case of the end of the union, the parish council can also issue a document proving the termination of the relationship, either by will of both or of one of the members.

What are the conditions for the validation of de facto union?

To validate a de facto union, it is necessary to comply with some legal conditions. These include:  

• Both members must be over 18 years old.  

• None of the members can be in an undissolved marriage, unless separation of property and goods has been decreed.

• There cannot be direct kinship (parents and children, grandparents and grandchildren) or in the second degree of collateral line (siblings).

• There cannot be direct affinity (e.g. in-laws or step-parents);

• None of the members can have been convicted of murder or attempted murder of the other spouse.

What are the rights of couples in a de facto union?

Couples who live in a common-law relationship can access several rights similar to those of marriage, such as: 

• Protection of the family dwelling house;

• Right to social protection in case of death of one of the members.  

• Benefit of regimes applied to married individuals regarding vacations, holidays, absences, and licenses (such as mutual assistance in case of illness).

• Possibility to submit IRS declaration together.  

• Equal parental responsibilities to married couples, although rules for adoption or inheritance may differ.

Common-law marriage, although it does not require formal registration, is a recognized reality in Portugal and offers legal protection in several important areas. However, it is essential to be aware of the conditions and limitations that the law imposes for common-law marriage to be validated and to enjoy the rights it grants.

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