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Stable union

30 de May de 2019

To declare a stable union it is not necessary that they live under the same roof, not even if they have children in common. Moreover, there is no time given by law to be declared a stable union. For it to be recognized, it suffices to prove that there is an affective relationship between two persons that is lasting, public and with the purpose of constituting a family.

  • But then, what is stable union?

Living under the same roof is not enough to set up stable bonding. For this, three requirements are required by law:

  1. Public coexistence: People, that is, society should validate the existing relationship as lasting, aiming to establish a family. The couple should be seen frequently, attending the same places, showing affection and giving other indications that the relationship is stable. However, people should view this relationship as something lasting that goes beyond just dating. For, in the case of a dating, the couple usually thinks of getting together forever, sharing the same roof and so on. However, in the case of stable union, these plans can not be romanticized and present only in an uncertain future, they must be concrete and regarded as the objective of life.
  2. Continuous relationship: The relationship can not be made from sporadic or fictional encounters. Above all, the relationship must be stable, the spouses must be committed to staying together indefinitely.
  3. Constitute family: This is the great point that differentiates the stable union of courtship. For it is necessary that there be an intention to constitute a family – which does not mean having children in common.
  • How Stable Bonding Is Formalized

The couple that decides to formalize their union can apply for a certificate in any notary of Brazilian banknotes, as long as it does not fit in cases of legal impediment. For this, it is necessary to carry an identity document, CPF, proof of address and certificate of Civil Status issued in up to 90 days (certificate of marriage or birth).

It is also possible to formalize a stable union through a particular contract, made with the help of a lawyer. In this document, the couple can stipulate the date of commencement of the coexistence, the property regime and the rules applicable in case of separation.

Despite being solicited in a notary and allowing the choice of property regime, the certificate of stable union does not alter the marital status of the couple. The two continue to be unmarried before the law. However, the end of the official relationship must also be registered in the notary’s office.

  • Benefits

Recognizing stable marriage brings financial benefits and more security to the couple. The partner can be included in health, dental and leisure plans, as well as having the right to receive a pension from the INSS in case of death of the other, provided that the coexistence is proven. The full receipt of the DPVAT insurance is authorized if the companion is an accident and in addition, the two partners are entitled to receive the inheritance of the other.
In addition, the stable union can be made by a couple formed by partners of the same sex. Requesting it is a way to ensure that both have judicial security and protection in the patrimonial scope.

Legal Amparo: Law 9.278/1996
Federal Constitution, art 226
Civil Code – from the art. 1723

Dr. Athos Feitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MB 176.984