If you are thinking of getting married or joining the other half of the orange that you found in your life, this article is for you. Because everything that begins one day can end in these things of love, rules must be observed in addition to the butterflies in the stomach.
The law has the power to prevent harassment if we know a priori some aspects that, directly or indirectly, regulate our lives and, consequently, our relationships with third parties. For this reason, it is important to point out some specifics that may be useful to you.
It is a common mistake to believe that rights in a de facto partnership are analogous to marriage. This is neither so nor is it true according to our legal system. There are indeed some equivalences, but there are key differences to be aware of.
Starting with what can happen if the “thing” goes wrong, reading the end of the relationship, there is one fundamentally important difference between de facto union and marriage that many people consider to be similar, but not. In the first hypothesis, the principle of co-ownership applies here, as there is no legal regulation for the division of assets, ie the assets must be divided by the proportion that each person has contributed to the purchase of the property itself. In marriage, you need to take into account the chosen marriage regime.
In order to simplify the whole process, since there is no such legal system for assets, it is necessary to conclude a civil partnership agreement between the members of the couple by public deed defining the division of property according to the property that each member of the couple has acquired . as well as a clear division of responsibilities between the members of the couple given the existence of debts or bank accounts.
Another important aspect to consider is that the Unity of Facts are not legal heirs, as marriage law allows. In the event of the death of a member of the couple, a de facto union must have legal evidence of that of the deceased to prove the inheritance through the available quota.
There is one condition that makes all the difference when it comes to the home. Often it happens that one of the elements of the pair of weapons and luggage changes to a house that already belongs to the other. In the event of the death of the owner of the property, the surviving member has the right to live in the house for a period equal to that of the de facto union if the same union is longer than five years. At the end of the term, there is still the right to exercise subscription rights in the event of a sale.
In the de facto union it is also possible to apply for a death or a survivor’s allowance, which is necessary to demonstrate the existence of the relationship in the de facto union for at least two years at the time of death.
Taxes are also allowed to file the IRS return together, having the same tax rights in relation to marriage.
Regarding adoption, an important fact: you can only apply for it if they have been together for more than four years, if both elements of the couple are at least 25 years old, as provided for in Article 1979 of the Civil Code.
You can also go on vacation together as well as get maternity and paternity leave, here in everything that resembles the rules of marriage.
Regarding the use of the last name of the other member of the couple, this is not possible in a de facto relationship. This norm is forbidden to subjects who choose to have a civil wedding. In fact, few nowadays adopt the nickname of any of them.
In all of these situations, de facto unification then has to be proven. But how does it work?
Declaration of the municipal council; common children; joint tax return (IRS); Testimony from neighbors; Bills with the same residence.
If you are interested, consult Law No. 7/2001, which lists the measures for the protection of unmarried couples, which you can compare with marriage regimes.
Out of curiosity, 730,000 people lived under this de facto trade union regime according to the last census in 2011. However, it is estimated that the next censuses will show strong growth in this marital status.