De facto marital union

Marriage FAQsRequirements

What is it?

According to Law 54 of 1990, it is the union between a man and a woman who, without being married, form a permanent and singular community of life, and acquire the duties and rights of a marriage. For civil purposes, it is called a permanent companion.

The Constitutional Court, in Sentence C-075-07, included the homosexual couples within the persons apt to conform this type of union, in order to give them patrimonial protection.

FAQs

  • De facto marital union
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  • 1. What benefits does it give?
     

    Patrimonial society, affiliation to the health system (EPS) and pension substitution.

  • 2. What assets are part of the Patrimonial Society between Permanent Companions?
     

    Those acquired by work and mutual effort. The goods acquired before the de facto marital union are not included inthe conjugal society, nor are the inheritances granted to one of the parties, raffles and other acquisitions on a non-onerous basis.

  • 3. How is a de facto marital union dissolved?
     

    By mutual consent registered by Public Deed in a Notary, by means of a document signed in a Conciliation Center, by Judicial Decision or due to the death of one of the partners.

  • 4. When can a marital union be formed?
     

    At the time the partners agree. The marital union and the patrimonial society are different, which generally arise as a consequence. The latter is presumed to exist after two years of coexistence.

  • 5. How to declare a de facto marital union?
     

    By any of the following procedures:

    • Public deed in front of a notary by mutual consent of the permanent partners.
    • Conciliation Act signed by the permanent partners.
    • Judicial sentence.

Requirements

  • Citizenship card.
Notaría Sexta