Many couples live together, buy a house, even have children and forget to regularize the union. Many couples choose to live together before marriage, either to test before making an important decision or to save money.

Marriage x Stable Union

Two forms of union: the traditional marriage and the stable union. Although this is equated to the first, in practice, marriage brings more guarantees in the legal understanding. “First, it is necessary to clarify that the stable union is a de facto relationship, which does not require a public deed. But it needs to be recognized to generate effects. Therefore, if there is no document, it will have to be proven. But, even with deed, there may be contestation of this de facto union. Whereas marriage is a formal and solemn act.

This is because a relationship being public, lasting and with the intention of forming a family are subjective concepts. Forming a family does not mean having children and even cohabitation is no longer a requirement. Loyalty, although not a de facto union requirement, still weighs heavily in the eyes of the judge to understand that there was no intention of durability and family, for example. On the other hand, advertising has been made more flexible, especially in relationships that are prejudiced in society, such as homoaffective relationships.

Stable union has been the most sought after option

Therefore, marriage is more legally secure. But, then, why has a stable union been increasingly chosen? “I believe that it is in the weight of the marriage institution, a prejudice was formed against the marital status 'married'. But living in a stable union doesn't keep anyone single, no. Today we have the figure of the 'coexisting' autonomous marital status. In practice, both are couples who live together, share bills, equity, often have children. Not getting married just makes life harder

The values for carrying out one or another procedure do not differ much. The difference is the practicality of drawing up a stable union: just go to a notary office and the document is made on the spot. Marriage, on the other hand, due to the formality of the act, requires a period of qualification. “These are the so-called banns, to then be carried out by a justice of the peace. This is what guarantees the legality of the union, as they are checked, for example, that there is no other marriage in force, as it does not recognize polygamy. This is also reflected in stable unions: parallel unions are not recognized. If there is a marriage and a stable union with another person, even if this is earlier, the marriage prevails.

But stable union has an advantage over marriage: it can be retroactive. This is important data for couples who have been living together without formalizing for some time, and during this period have acquired assets, such as real estate or a car.

Marriage does not include previously acquired assets. In this case, if the couple already lived in a common-law marriage, it may be interesting to draw up a deed dating the beginning of the relationship, to protect both parties regarding the assets acquired during that time. And nothing prevents the marriage from still being formalized afterwards. Incidentally, the proclamations of marriage are facilitated for those who already live in a stable relationship.

How to Undo

Of course, no one marries, or unites, thinking about separating. And for this reason, the formalization of the relationship can end up being postponed for a long time, but unforeseen events occur: separations exist, as well as the event of death, family disputes and legal battles. If the end of the marriage is marked by divorce, in the stable union, it is a de facto separation, which does not require formal dissolution. Even so, it is possible and recommended to register it in deed. For, just as the union in fact needs to be proven, the same goes for separation.

How to prove when a relationship ends? Many couples take a long time to make the breakup public, or continue to live in the same house on a friendly basis. I've seen a case of elderly people who decided to formalize the separation after a long time and could no longer remember when it had occurred. There was a divergence of five years, period in which there was acquisition of goods.

For the expert, people are often surprised by laws and rights during separation. Therefore, although it is not necessary to have a lawyer to formalize the beginning of the relationship, consultation prior to marriage or stable union would be very welcome. “You have to understand all these pacts and consequences.

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*The content of this publication has been written for informational purposes only. At no time can they serve to facilitate or provide diagnoses, treatments or suggestions from a professional. Consult your trusted specialist in case of doubt and ask for their acceptance before starting any method.