A de facto union in
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
( pt, união de facto; mwl, ounion de fato) is a legally recognized relationship which is granted similar rights to marriage, without formal registration.
As with a
common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
(which is sometimes called "marriage in fact"), the act of the couple representing themselves to others as being married, and organizing their relation as if they were married, acts as the evidence for the legal recognition as a de facto union. However, unlike a common-law marriage, the status is not equivalent to a marriage: the legal rights and obligations of a couple in a de facto union are different from those of a married couple.
History
De facto unions were first formally introduced for opposite-sex couples in ''Law no. 135/99'' of 1 July 1999, although some of the legal protections granted by the status already existed separately in various other laws, dating back to 1976. De facto unions were later extended to same-sex couples by ''Law no. 7/2001'' of 11 May 2001. On the same day, a law on ''economia comum'' ("common economy") was also implemented, granting protection to two or more persons that live in common economy with most of the rights of the de facto union, except welfare benefits.
Since 5 June 2010, Portugal also recognizes
same-sex marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
, with de facto unions remaining as an alternative to couples (same-sex or opposite-sex) who do not wish to marry.
Establishment and termination
There is no registration for the process. Rights can be claimed after a couple lives together for two years. An application of joint tax assessment can be made to prove the union but it is not required.
Portuguese de facto unions terminate upon the death or marriage of one of the partners, or upon request of one of the partners.
Rights
The law covers housing arrangements,
civil servants and work benefits, the option to choose a fiscal regime as married partners, and
welfare
Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
benefits. Since 1 March 2016, couples of any sex married or unmarried can adopt children together.
Since December 2006, same-sex couples (and opposite-sex couples) living in a de facto union are also recognized in the same way as married couples for citizenship applications and when a public servant wants to extend healthcare protection to the partner.
Since 2007, a new
Penal Code recognizes same-sex couples regarding domestic violence, the murder of a partner, refusal to testify in court against the partner and in all other situations where married couples are referred in the code.
In July 2009, the
Portuguese Assembly, with support of all the parties on the left, approved a bill to extend certain rights enjoyed by married couples, including inheritance rights, to couples in a de facto union. On 24 August 2009, President
Aníbal Cavaco Silva vetoed the bill.
On 9 July 2010, a de facto union expansion law (that included inheritance rights, compensation and other benefits) passed the Portuguese Parliament and on 16 August 2010, President Cavaco Silva ratified the law.
Statistics
In 2011, there were about 730,000 de facto unions in Portugal, a 276% increase from 20 years prior.
[10 Perguntas e respostas sobre as uniões de facto]
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See also
* Same-sex marriage in Portugal
Same-sex marriage in Portugal has been legal since 5 June 2010. The XVIII Constitutional Government of Portugal under Prime Minister José Sócrates introduced a bill for legalization in December 2009. It was passed by the Assembly of the Republic ...
* LGBT rights in Portugal
* Common-law marriage
Common-law marriage, also known as non-ceremonial marriage, marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil ...
* Civil union
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
* Domestic partnership
References
{{reflist
Family in Portugal
Law of Portugal
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
LGBT rights in Portugal
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...