When it's time to take a step forward in your relationship, marriage isn't the only option. More and more couples are opting for a stable union as the model for their relationship, opting for less bureaucracy and complications at this time of formalization.
In this article, you'll learn all the characteristics of a stable union and how to formalize it.
What is a stable union?
In general terms, a stable union is a new type of relationship that is uncomplicated and unbureaucratic. All that matters is that the couple want to live together with the intention of starting a family.
Although there is no change in the marital status of the partners, this type of union establishes duties and rights that are similar to marriage. For this reason, it is necessary to be familiar with its rules, which are regulated by Law No. 9.278/1996 and set out in art. 1.723 of the Civil Code:
- Public cohabitation must show that the relationship exists, is lasting and has the aim of starting a family. Therefore, everyone around the couple must know that there is a relationship of affection between them and a permanent intention to remain together;
- It must be an ongoing relationship, excluding sporadic encounters or something as casual as an unpretentious fling. Such an act does not fall under the rules of a stable union, because just as in marriage, the free and unhindered couple make plans for life together and try to put them into practice;
- Although there is no time limit set by law, it is necessary to demonstrate that the relationship is a stable one, in which the partners must commit to staying together for an indefinite period of time, whether under the same roof or not.
In the past, it was necessary to prove a minimum period of five years of cohabitation in order for a relationship to be considered typical of a stable union. Today, there is no need for this period of time.
It is only necessary to prove that there is a lasting affective relationship between two people, that it is public and with the aim of starting a family, with no time to be considered, as time is not taken into account.
How to formalize a stable union?
Although, in practice, no document is required to prove the union between the couple, many choose to formalize it. As well as being a milestone moment for both of you, proof may be required by banks, insurance brokers and especially the INSS.
To formalize the union, however, it is necessary to have some documents at hand and check that the legal requirements are present. Article 1.723 of the Civil Code establishes three requirements:
- Relationship between a couple (items 1 and 3 - two people - STF decision);
- Public, continuous and lasting cohabitation; e,
- The aim of starting a family.
The law does not require a minimum period for the couple to be in a union.
Another relevant factor when choosing to formalize the union in a notary's office is the possibility of regulating the couple's property issues, that is, when drawing up the public deed of stable union - it is possible to choose the property regime that will regulate the affective relationship.
If there is no formalization by public deed, or the couple chooses not to mention the property regime, according to art. 1.725 of the Civil Code, the regime applied will be that of partial communion of property.
Although many people are unaware of it, it is even possible to change the names of partners by public deed, just as is done in the act of civil marriage, according to the understanding of the Superior Court of Justice and several other higher courts.
Another facility offered by the public deed is that it informs the starting point of the relationship, making it possible to guarantee that the rights of the partners are protected from the date indicated in the deed.
Therefore, the formalization of stable unions is made easier by legislation in order to guarantee the rights of couples. The procedure, unlike civil marriage, is extremely fast and also less costly.
What happens to assets in a stable union?
In stable unions, the partial community of property regime is applied, as determined by article 1.725 of the Civil Code. There is an exception when there is a written contract determining a different regime.
According to the partial communion of assets, all assets acquired before the stable union became official are excluded from it. Thus, only those acquired during the stable union remain, as well as those provided for in article 1.660 of the Civil Code, which states:
The following are included in the community of property: I - property acquired during the marriage for consideration, even if only in the name of one of the spouses; II - property acquired by chance, with or without the contribution of previous work or expense; III - property acquired by donation, inheritance or legacy, in favor of both spouses. IV - improvements to the private property of each spouse; V - the fruits of the common property, or of the private property of each spouse, realized during the marriage, or pending at the time the community ceases.
However, the couple can opt for the regime of universal communion of property, total separation or final participation in the proceeds. However, if there is no public deed or court decision approving the union with a regime other than the legal one, the legal regime, i.e. partial communion of property, will be considered.
Caminha Advogados has a contentious and advisory practice in matters relating to marriage, stable unions and family planning. Find out more here.
