The rights of a stable union guaranteed by the Law to build a family

Surely you’ve met or heard about a couple who live in a stable union, right? This happens when two people come together to build a family, but it is not the same as marriage. The lawyer and partner at Gaudêncio Advogados, Elisângela Lima dos Santos Borges, spoke about the matter and mentioned its main characteristics, in addition to the documentation necessary for recognition in court.

What is a stable union?

According to the lawyer, “it is the union between two people, guaranteed by the Federal Constitution and provided for in civil legislation, with the objective of constituting a family”. Borges mentions that it is regulated by the Civil Code of 2002, which, in article 1723, talks about the concept and indicates what characterizes this union.

According to the article, the stable union is the “public, continuous and lasting coexistence and established for the constitution of a family”. The lawyer emphasizes that “all the elements must be present for the characterization of the stable union in fact”, in addition, there can be no marriage impediments, that is, it is not possible to be married to one person and have a stable union with another.

How long does a stable union take?

Borges makes it clear that there is no minimum period defined by law. So much so that, if the couple so desires, they can recognize the union before the judiciary. “The law requires that the coexistence be lasting, for a period sufficient to demonstrate the intention to start a family, allowing feelings of joy and sadness, financial and emotional assistance and even life projects. Therefore, a reasonable time of relationship is necessary for recognition and configuration of the stable union by the judiciary”, he concludes.

Are gay couples entitled to a stable union?

Yes, gay couples are also entitled. According to the lawyer, “in May 2011, the Federal Supreme Court equated same-sex unions with heterosexual relationships, recognizing this type of union as a family unit”.

Now that you know the term, read on to learn about the types of stable union and the differences for marriage.

Types of stable union

You already have a general notion of what stable union is, but it is essential to understand that this term also has some specifics. Borges comments that there are two types, the de facto and the de jure:

In fact: “it is the one existing between the partners, but which was not formalized through a legal act of recognition, such as a deed, contract or sentence”, quotes the lawyer.
By law: it occurs when the stable union was formalized through a contract and has a legal recognition.

These are the two existing types, both recognized and accepted by the Civil Constitution. The lawyer emphasizes that the best option is to opt for the union of law, to facilitate in the case of separation or death of the spouse.

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Is stable union marriage?

To understand this issue, it is important to understand that civil marriage is different from religious marriage. Therefore, the lawyer explains that a stable union is not marriage. This happens for two reasons: “it is not carried out through a solemn, formal act and does not change the marital status of the couple”.

What is the difference between stable union and civil marriage?

“The marriage is carried out through a solemn act by the justice of the peace, at the civil registry office, with all publicity, with open doors, in the presence of at least two witnesses and is provided for in art. 1511 et seq. of the Civil Code. With marriage, the marital status is changed”, comments the lawyer.

What is the marital status of those living in a stable union?

As the marital status does not change, those who live in a stable union remain single, divorced or widowed. Another point that changes is that it is not possible to adopt the surname of the spouse.

In short, with the civil marriage it is possible to change the marital status and adopt the spouse’s surname, because it is a formal and solemn act, registered in the registry office with the presence of witnesses.

As you can see, there are indeed differences between having a stable union or being married. So it’s worth considering what would be most interesting in your case.

The stable union contract

The contract is a document in which the couple formalizes the union, establishing the regime adopted and when they started to live together to form a family. According to the lawyer, “it is also called a declaration of stable union. The declaration, or contract, can be of constitution when made at the beginning of the union, or of recognition when drawn up during or at the end of the union. This contract can be public or private, but it is recommended that it be done by public deed, due to the security that every public document has”.

Do you need a lawyer to make a stable union?

It is not necessary, but it is advisable to have the help of a lawyer to prepare the contract or declaration, “even more so if the partners have their own assets acquired before the union and children that are not common, mainly due to the succession issue”, cites Borges.

Is it possible to make a stable union for free?

Yes, it is possible to apply for free, but the lawyer emphasizes that “applicants must prove that they are entitled to the benefits of free legal assistance provided for by law. For the drawing up of the deed before the notary public, the payment of notary fees is required”.

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What documents are required for a stable union?

For the declaration of union, the couple must present personal documents (RG and CPF), proof of address and marital status certificate. The latter must be up to date and valid for the last 90 days. For “recognition before the judiciary, in addition to personal documents, there is a need to prove the union through documents and witnesses”, concludes the lawyer.

RG: must be updated and cannot be the driver’s license;
CPF: as issued by the Federal Revenue Service;
Proof of address: updated and in the name of the couple;
Civil status certificate: birth certificate for singles, divorce certificate for separated and widowhood certificate for widowers. The last two are also known as an endorsed marriage certificate, with updates on separation or death of the former spouse.

There are few documents needed to formalize the stable union, but it is important that they are updated and readable so as not to generate future problems.

How to prove stable union?

In the case of recognition of the union, it may be necessary to present other documents. Borges cites that “it is easily proven through documents, such as proof of common address (not only consumer and bank accounts), party invitations and events aimed at the couple, photos, social networks, sharing streaming accounts (Netflix, Spotify , Amazon Prime, Disney), the hearing of witnesses and even the testimony of the parties that may attest to the mutual financial or emotional assistance of those involved”.

What are the rights of a stable union?

Borges reports that the rights of a stable union are practically the same as those of marriage, which are:

Right to assets: in the event of separation, there is the right to share assets.
Food: as long as the need for the food and the possibility of the food is proven.
Pension for death: when the partner is insured by the INSS or by the own social security system.

The lawyer also highlighted the issue that, in the case of pension for death, “the dependents of the deceased insured are divided into 3 classes and in order of preference, in which the partner or spouse and the child not emancipated from any condition, under the age of 21 years old or disabled compete in first class”.

How to undo the stable union?

It may happen that the couple no longer wants to be together and wants to break up the stable union. Borges explained how to proceed in the case of unilateral separation and when there was no deed of stable union. See next steps.

How to make a unilateral separation?

When there is recognition of the public deed and only one of the parties has an interest in the separation, this occurs through a judicial decision.

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How to make the separation if there is no deed of the stable union?

“A de facto stable union or one made through a private contract can be dissolved by the will of the parties, without the need for a public act (judicial or public deed). However, if there is a need for the dissolution of the stable union by the judiciary, as in the case of sharing of assets, the partner / author of the action must request the recognition and dissolution of the stable union “, explains the lawyer.

If you do not have a deed, it is possible to sever the union with the consent of both parties. In cases of property sharing, the partner must request the recognition and dissolution of the stable union. In cases of unilateral separation, the recognition of the public deed takes place by means of a court decision.

Is it possible to turn a stable union into a marriage?

Yes, stable union can be converted into marriage. According to Borges, there are two ways to do this. “The first hypothesis is made with the mention in the prenuptial agreement of the existence of a stable union, stating the property regime and duration”, he explains.

The second possibility occurs “through an application made to the civil registry officer competent to carry out the marriage, in possession of the documents required for the authorization of the marriage and the testimony of two witnesses attesting to the existence of the stable union. It is also possible to request conversion into marriage in court, by legal action”, he concludes.

What is a prenuptial agreement or prenuptial agreement?

It is a contract made before marriage in which the bride and groom will establish rules valid during the union, including the division of assets. Borges explains that “the prenuptial contract can specify the patrimony that each one had before marriage, establish conditions on the administration of the couple’s assets together and declare the existence or not of a stable union before marriage”.

In addition, it also adds that “it is done by public deed before the notary’s office and taken to the civil registry office with the documents for the wedding. After the marriage has taken place, the pact must be registered at the property registry office of the couple’s first domicile, in order to publicize the act.

As you can see, a stable union can be a way to guarantee your rights in a lasting relationship, with the aim of starting a family, when there is no interest in getting married. Take the opportunity to check out the article on prenuptial contract, important for those who want to transform the stable union into marriage.