Lived together and split up? Now what? When starting a relationship, many doubts arise. Separating from a stable union has some important points that deserve attention.
In this article, our experts will talk about the main characteristics of a stable union and how to dissolve it.
What is the separation of a stable union like?
Even if the stable union is not formalized, the parties are allowed to terminate it consensually, out of court, by means of a public deed.
To this end, article 733 of the Code of Civil Procedure establishes that a public deed of constitution and dissolution of the union must be drawn up before the Notary Public, Titles and Documents, provided that certain requirements are met:
- The partner is not pregnant;
- The couple has no minor and/or incapacitated children;
- There is consensus on the division of assets and pension;
- The parties are assisted by a lawyer.
If there is a pregnancy or offspring, the dissolution of the stable union will only be allowed through legal action. This will require the participation of a member of the Public Prosecutor's Office to defend and promote the interests of the minors or incapacitated persons involved.
How is alimony paid in the event of separation from a stable union?
Alimony is the amount paid to a person to meet their basic survival and maintenance needs. This amount is not limited only to the resources needed for food itself, but should also cover the costs of housing, clothing, education and health, in short, all the needs of the child.
The child's right to receive maintenance is the responsibility of both parents. However, the couple's current economic situation will be taken into account, and different percentages of the maintenance provider's salary may be arbitrated in court - this, of course, when there has been no previous agreement.
Can I be imprisoned if I don't pay alimony for separation from a stable union?
The answer is yes, because the maintenance debt is a necessity for the survival of the person being fed. This is a civil arrest, arising from a civil offense, not a crime against the person or against someone's honor.
Alimony after separation from a stable union is not intended to punish, but to impose on the person responsible the task of meeting the vital needs for the survival and maintenance of the person in need. It follows the same parameters as divorce.
Article 528 of the Code of Civil Procedure regulates the enforcement of maintenance, as well as the imprisonment of the debtor. Here, the aim is to receive the last three installments that have fallen due, plus any installments that may fall due during the course of the proceedings.
Thus, the judiciary can decree imprisonment whenever the alimony payer is in default and there is a request to that effect in the proceedings.
How to separate from a stable union?
The first step in requesting the end of a stable union is to hire a lawyer you trust and then analyze whether an extrajudicial or judicial dissolution is appropriate.
In the case of out-of-court dissolution, this must be done at the competent registry office. There, a public deed of Dissolution of Stable Union will be drawn up, which will also include the lawyer's signature. The requirements mentioned above must be met.
On the other hand, dissolution will have to be carried out via legal action when the cohabitants have children under the age of 18 or of incapacitated age, or when there is no agreement, or even all of these hypotheses together, when only the Judiciary is competent to resolve such issues.
If the separation is consensual, the couple can only appoint one lawyer to represent them. If the separation is contentious, the couple will each have their own lawyer.
If you have any doubts, don't hesitate to ask a professional you trust. A lawyer who specializes in Family and Succession Law will be able to guide you with greater certainty, and will be able to take action at registry offices, notary offices and other offices, guaranteeing greater effectiveness and speed in the process.
Caminha Advogados has a contentious and advisory practice in matters relating to stable unions, divorce and property sharing. Find out more here.
