Currently many couples? for different reasons? They have adhered to the so-called stable union, which is, in short, a relationship of cohabitation between two people, lasting and established for the purpose of family constitution.
A survey conducted on stable union, for example, found that preliminary data from the 2010 Demographic Census in São Paulo found changes since 2000: according to the IBGE (Brazilian Institute of Geography and Statistics), there was a significant increase in consensual unions, which went from 28.6% to 36.4% of the total. In contrast, there was a consequent reduction in the number of marriages. The number fell from 49.4% (in 2000) to 42.9% (in 2010).
Still according to IBGE data, in the northern region of the country, 52.8% of couples were in a stable union in 2010, while 24.53% were married in civil and religious. In the Northeast, the percentages were 42.32% in stable union and 31.31% married.
But despite this growing number of people who have opted for a stable union, there is still much doubt around the issue. What determines a stable union? What are the rights of each party in the event of a separation? These are just some of the questions.
Check out the clarification for the main questions, in an uncomplicated and easy to understand.
Also read: 10 questions every couple should ask themselves before the? Yes?
What is stable union?
William Wagner Pereira da Silva, lawyer in the District of São Bernardo do Campo (SP) and Judicial Conciliator in Second Instance, points out that? Stable union is the relationship of coexistence between two people, which is lasting and established with the purpose of family constitution? .
The lawyer adds that the New Civil Code does not mention the minimum duration of coexistence to attribute the condition of stable union? which is already recognized as a family entity by the 1988 Federal Constitution.
Célia Nilander, a professor at the São Bernardo Law School and a lawyer specializing in Civil Law, points out that Brazilian law does not exactly define a concept of stable union. For this reason, it was in charge of doctrine and jurisprudence the function of conceptualizing it. According to Jurist Álvaro Villaça de Azevedo, the stable union is:? The unadulterated or incestuous, lasting, public and continuous coexistence of two people, without marital bond, living as if they were married, under the same roof or not, thus constituting his family in fact? (Azevedo, Álvaro Villaça. Unified Stable, article published in lawyer magazine 58, AASP, São Paulo, March / 2000) ?, says.
Requirements that determine a stable union
Célia explains that, according to current legislation, there must be continuous and lasting public coexistence in order to raise a family, as stated in article 1,273 of the 2002 Civil Code.
William Silva points out that the objective requirements for the constitution of the stable union are:
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The notoriety: regarding a non-stealthy, secretive relationship. For this, it is enough that the partners treat each other socially as husband and wife, revealing their intention to start a family.
Stability or prolonged duration: which does not require a minimum time of living, but enough to recognize the stability of the relationship (which may be months or years, provided that the intention to start a family is proven).
The continuity: Continuity in the relationship is necessary, without interruption, considering that the instability caused by constant relationship breakdowns can lead to legal uncertainty.
The absence of marital impediments: stable unions are prohibited when marital impediments exist, considering that "who has no legitimacy to marry, has no legitimacy to create a family entity through coexistence". The only exception is in relation to married, de facto or legally separated persons who, although prevented from marrying, may live in a stable union.
The monogamous relationship: It is fundamental to the characterization of the stable union that both partners are monogamous (have no other conjugal relationship).
Also read: Live together or get married?
Gender diversity: It is considered a requirement for the characterization of the stable union, according to article 226, §3º of the Federal Constitution and article 1.723 of the Civil Code. However, as Silva explains, although the constitutional text restricts that family only exists between men and women, nowadays homoaffective stable union of a family character is recognized, where its formalization is already possible through the declaration of stable union or civil marriage.
Regarding the subjective order requirements for the constitution of the stable union, as explained by lawyer Silva, are:
The coexistence more uxorio: which consists of the "communion of lives, in the material and immaterial sense, in a situation similar to that of married persons". This involves mutual moral, material and spiritual assistance, characterized by common interests and acts.
The affectio maritalis: which consists in the desire to start a family. That is, that in addition to affection (a component element of every family relationship), it includes the common purpose of forming a family entity.
Stable Union Property Scheme
Celia points out that the property regime governing the stable union, as provided for in the Civil Code, is the system of partial communion of goods. Which means that all the goods acquired during the cohabitation will be common to the couple. Already the assets acquired by each one individually before the stable union remain of individual property.
However, adds Silva, if it is in the best interests of their partners, they may, by means of a written contract, dispose differently of the law as to the assets that existed during the cohabitation and its administration, unlike what happens with the pact. prenuptial in civil marriage (which requires its formalization through a public deed).
In case of separation: what are the rights of each?
Celia explains that, according to the property regime of partial communion, as provided for in the civil code, the couple must share the goods acquired in the constancy of the union. Already the goods acquired before the constancy of the union remain of individual property.
"If the couple has children, does not imply the sharing of assets, they will only bear their duties to their minor children, such as pension, shared custody etc.", adds the lawyer.
How to make the declaration of union stable
Celia explains that the cohabitants who decide to formalize the stable union can look for a Notary Notary to carry out the deed of recognition of stable union, which may contain the provisions that agree on the patrimony. "In silence, will prevail the regime of partial communion of goods as provided for in the Civil Code," he says.
William Silva adds that a stable union can be formalized in two ways:
- By means of a public deed of declaration of stable union signed in the Notary's Office;
- By private contract, which may be registered with the Registry of Securities and Documents.
The necessary documents that the cohabitants must present, according to the lawyer, are:
- Original Identity Document
- CPF
- Proof of residence
- Certificate of Civil Status issued within 90 days
But it is noteworthy that it is always important to contact the Notary Office in advance to confirm what will be required.
How to make the conversion of stable union into civil marriage?
Once the stable union is formalized, is it possible to convert to civil marriage? This is a doubt among some couples.
Celia explains that the conversion of stable union into marriage should be required at the notary's office. "It is a type of marriage that does not exist the ceremony, just that the companions attend and request the conversion," he says.
The lawyer adds that the documents, property regime, terms, values and procedures are the same as conventional marriage. What changes is that grooms don't have to come to the registry office on a particular day to say yes? in front of the justice of the peace. But if they insist on it, they can opt for conventional civil marriage as well.
"Later, the bride and groom or someone else authorized by them will be able to withdraw the marriage certificate in the registry," adds Celia.
Silva points out that the right to convert the stable union into marriage is provided for in the Constitution of the Republic (art. 226, § 3) and also in the Civil Code (art. 1726). Under the law, the couple only need to formalize the request with the Civil Registry. Must be accompanied by 2 witnesses over 18 years and with all documents required for civil marriage ?, says.
The Differences Between Marriage and Stable Union
Celia points out that both marriage and stable union are family entities, in accordance with article 226 of the Federal Constitution. They have the same status and one relationship is as important as another. The main differences are in the form of how they form and the effects after death ?, he says.
Check out the main differences in these aspects:
Formation
Marriage: Civil marriage is formalized through a celebration held by a justice of the peace. After the celebration, it will be registered in a civil registry office, and a duly registered marriage certificate will be issued. That is, it is a formal act.
Stable union: For a stable union to exist, it is sufficient for two people to live together for a certain period of time with the intention of constituting a family entity.
Name
Marriage: ? spouses? It is the word used to refer to married people "on paper".
Stable union: The best words to name the people who formalized the stable union are? coexistent? or "mates".
Rights after the death of one of the companions
Marriage: The right to property of the deceased will depend on the regime under which the marriage was celebrated. For example, if the marriage has adopted the partial communion regime, only those goods acquired for a cost during the marriage period will be communicated to the other spouse. But if the deceased person has exclusive property (acquired before marriage), the spouse will receive his or her share of entitlement by inheritance as a necessary heir to the deceased's exclusive property, where he competes with the deceased's children. In the case of a regime of total elective separation, the spouse will not have the right to appeal (part that is the responsibility of each spouse over the assets that are part of the couple's property), but will be heir over all assets of the deceased, competing with the children. his.
Stable union: The partner is only entitled to the goods that were acquired for a fee during the term of the stable union (which does not include the exclusive goods). And companions are not considered necessary heirs.
In addition, Silva adds, if the couple is in a stable union relationship, the partners will be single (or divorced, separated or widowed). Since a marital status cannot be assigned to a relationship that has no formality.
5 common questions about stable union
Below you give the clarification for the main doubts around the subject:
1. To be a stable union, do you have to live together?
William da Silva: One element that is not essential to the recognition of stable union is cohabitation (ie, that the couple lives under one roof). The couple can live in separate houses and still have the recognized stable union.
2. From how long is the stable union considered?
William da Silva: There is no minimum coexistence time, but enough to recognize the stability of the relationship (which can be months or years). Prior to the 2002 Civil Code, Law no. 8971 of 1994 governed the matter about the stable union and, according to her, it was necessary the proof of at least 5 years of coexistence to characterize the stable union. Fortunately, this precept no longer exists, since this norm could lead a partner into situations of injustice (for example, one of the cohabitants could break the relationship days before the age of 5, thus preventing the recognition of stable union, consequently frustrate all rights inherent in it).
3. To form a stable union is it enough to be living together?
Celia Nilander: No, because there are some requirements for setting up a stable union, which are public living (not hidden, not clandestine); continuous (without interruption) and lasting (not with specific deadlines, but as long as there is the objective of starting a family).
4. In the case of stable union, how is the issue of inheritance?
William da Silva: With the stable union recognized, new patrimonial rules will come into effect between the couple depending on the adopted property regime. Although the Civil Law treats your partner less favorably than your spouse (married person) as to hereditary succession rules, the partner is not helpless as it was a while ago. The cohabitant is not entitled to participation in the deceased partner's inheritance in relation to the private property (property prior to the beginning of the stable union) and also to the property acquired free of charge (such as donations and inheritance), only participates in the common property of the couple acquired from costly form (that is, assets acquired by the couple during the term of the stable union resulting from mutual effort). If one of the cohabitants dies or upon the dissolution of the stable union, the other automatically receives half of the joint patrimony, according to the right of appeal (in case of partial communion of goods).
Celia Nilander: Article 1790 of the Civil Code establishes that the partner or partner must participate in the succession of the other with respect to assets acquired for a price in the duration of the stable union, under the following conditions:
- I? If you compete with ordinary children, you will be entitled to a quota equivalent to that which is legally assigned to your child.
- II? If he competes with descendants of the author of the inheritance alone, he shall touch half of what is fit for each of them.
- III? if competing with other successive relatives you will be entitled to one third of the inheritance;
- IV? If there are no successive relatives, you will be entitled to the full inheritance.
5. How to make the stable union dissolve if necessary?
Celia Nilander: Stable Union can be broken in two ways: judicially and extrajudicially. In the first case, the dissolution will be declared by the judiciary through a lawsuit. In the second, the separation may be made in the Notary's Office, without the need to file a lawsuit. But in both cases the participation of a lawyer is required. The dissolution of the stable union can only be done at the Registry if the request is consensual and in cases where the cohabitants do not have incapable minor or major children, where the cohabitants agree to the terms of the separation (such as property sharing, eventual alimony, childcare etc.).
Homosexual union
A very common question is: do gay couples also have the right to stable union?
Celia explains that recognition of same-sex marriage in Brazil as a family entity, by analogy to stable union, was declared possible by the Federal Supreme Court (STF) on May 5, 2011.? to homoaffective stable unions all rights conferred to stable unions between a man and a woman?
Silva stresses that both heterosexual and homosexual couples have the same rights when it comes to stable union. "All this means that homosexual couples not only have the right to make the declaration of homosexual stable marriage in the registry office, but can also officialize the union through civil marriage, without any problems," he says.
You now have the key information about stable union and know how it differs from marriage. If you still have questions about which situation best fits your relationship right now, the best way is to contact a family and inheritance law attorney and, through consultation, resolve your issues!
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