Common Law Marriage (Stable Union)

 

 

What is it?

 

It is the union between a man and a woman, constituted in social cohesion, continuous and lasting coexistence with the objective of establishing a family. The Supreme Federal Court attributed to same-sex unions the same effects as the hetero-affective common law marriage.

 

The duties of loyalty, respect, assistance, custody, support and education of the children apply to common law marriage.

The couple can formalize the existence of the union by means of a public deed, declaring a stable union. The deed can be used to set the date of the beginning of the union, the property regime between the cohabiting members, any change of name, as well as to guarantee rights with the INSS, medical, dental, etc.

 

 

 

What are the requirements for the statement of common law marriage?

 

The law doesn’t require a minimum term of coexistence for the establishment of a stable union and also does not require the couple to live in the same house or have the same domicile, with the intention of starting a family.

 

The couple who are interested in formalize the stable union by public deed must show up at the notary public office carrying the original personal documents and declare the beginning date of the union, as well as the community property regime applicable to the relationship.

 

There is no need for witnesses to be present in the deed. The stable union will not be constituted if there are marital impediments. Married people can live in a stable union, as long as they are in fact separated or judicially separated.

 

 

 

What is the homoaffective stable union?

 

It is the union between two people of the same gender, configured in the public living, continuous, lasting and established with the intention of starting a family.

 

The homoaffective stable union deed is the public document that makes it possible to regulate the civil and patrimonial relations of cohabitants of the same sex with each other an in relation to the respective family members.

 

 

 

How much does it cost?

 

The price is fixed by law in all registries in this State. To check the values, consult the notary public of your choice.

 

Source: www.cnbsp.org.br