Today, a large number of couples who live in the same environment and share economic assets, they prefer to say no to marriage. However, this situation does not leave them “up in the air” before the law.
Cohabitation, legally protected in most countries, allows two people to live together without the need to marry, maintaining practically the same rights as a marriage, with some differences.
For example, unlike marriage, obligations, rights, pensions, among other things, disappear if the concubinage came to an end. But as long as the coexistence exists, the economic and sentimental duties (support, responsibility, protection) remain active.
Requirements to process concubinage in Argentina
According to him Civil and Commercial Code of the Nation, Art. 509 and 510for a couple to be considered in «concubinage» must meet certain requirements:
- Cohabitants must not be related.
- Minimum 2 years of cohabitation
- They must be of legal age (+18)
- They can be of the same or different sex.
- Neither must be married or in an outside concubinage
- This relationship must be noted, as well as guarantee stability and permanence.
Depending on the entity where the procedure is requested (does not always apply), the members to live together are required to have the same ID.
Cohabitation procedure in Argentina
Before any process, it must be taken into account that:
- The registration of the union must be requested by the 2 members of the couple.
- Cohabitants must previously register their address in CABA (Autonomous City of Buenos Aires)
- The ID must be in good condition.
- It is necessary to present 2 witnesses who are not relatives of the cohabitants, and who are over 18 years of age. They must also have their respective ID and photocopies of them.
Steps to carry out the procedure
1. Make the payment: It can be at any authorized Civil Registry office, as appropriate to the residence address, or online; the cost will also depend on this. The payment must be made with your Intelligent Single Ticket (BUI), and depending on the date of the shift, it must be previously accredited to the headquarters.
- The payment will be credited 48 hours after it is made if: It is paid through the channels RapiPayment, Easy Payeither BAPRO
- The payment will be credited automatically if: It is paid with electronic payment, Visa, Mastercard, Cabal, Amex or Visa Electronor in person at city Bank.
If you want to generate your Ticket (BUI), enter the Payment portal of the City Government.
- normal procedure: choose option «Summary Information. Coexistence».
- Urgent procedure: choose option “For each urgent procedure. Simple“. The emergency must be accredited in documentary form; If this is the case, it will be attended with prior shift, in the corresponding offices (business days, from 8:30 a.m. to 12:30 p.m.)
2. take turn: It can be online at Summary Information – Coexistence Certificateor by calling 147. Shifts may not be immediate.
Once there, the process can be started depending on the date of the shift, the place or the availability of the applicant.
3. Documentation: Depending on the date and time of the appointment, you must attend the office with the documentation indicated in the requirements section.
What is the Convivial Union?
When two people live together for a certain time and share a common life project, even when they are not married. They are considered in a cohabiting or common-law situation. This includes various aspects:
- Support each other for the duration of the coexistence.
- Take charge of household expenses.
- Assume the debts of the couple for the mutual good.
- Once the relationship is registered, the disposition of the family home and furniture depends on the approval of the other.
- The children born from this union, after a certain time, have the same rights as the children born within a marriage.
- The couple can even adopt.
and this ends when:
- Members get married (with the same person or with another person)
- If someone starts another cohabitation relationship.
- If the end of the relationship is agreed.
- If you stop living together, (unless it is for specific reasons and you want to continue the relationship)
- If one of the members dies.
Contrary to marriage, concubinage does not include rights to inheritances or profitsunless there is a will involved and this does not affect the rights of the respective heirs (for example, children)
In some countries, there is another type of legal relationship, and it is the CIVIL UNION. This refers to homosexual couples who marry through a legal contract; they obtain certain rights (other than those granted to married couples). Depending on the country, they cannot adopt children or inherit each other in case of death.
What laws regulate concubinage in Argentina?
He >>Civil and Commercial Code of the Nation< includes a section that expresses in detail how concubinage works in Argentina, which extends from article 509 to 528. It is structured in 4 parts:
- CHAPTER 1 – constitution and proof: Necessary requirements and registration of the union.
- EPISODE 2 – Coexistence agreements: Content, limits and modification of the coexistence agreement.
- CHAPTER 3 – Effects of cohabiting unions during cohabitation: Relationship, assistance, contribution, responsibilities and mutual protection
- CHAPTER 4 – cessation of cohabitation. Effects: Causes, financial compensation.
Is the cohabitation agreement mandatory?
Not necessarily. Both cohabitants have the right to manage and dispose of their own assets if they do not plan to sign a cohabitation agreement.
However, this document could facilitate the management of the relationship, since the rights and obligations that each one has regarding the assets and the home they share are established.
This may include:
- The distribution of expenses during their coexistence at home.
- The division of the assets obtained, during the relationship, and in this case, after the breakup.
On the other hand, proving the existence of the commitment through this record could be decisive in the future.
It should be noted that if either of the two were to need economic compensation after the concubinage ended, they must prove that it was because it ended.
-The cohabitation agreement is made in writing. The clauses that affect equality or harm the rights of any of the cohabitants are not valid.
Currently, it is almost normal for many people to decide to live as a couple without getting married. However, as previously stated, in order to take on this challenge you have to take into account that:
- The goods acquired during the concubinage belong to the person who bought them. If there is a rupture, this condition will remain and could affect one of the members.
- If the relationship ends, there is no maintenance obligation for the couple, only for the children.
- The hereditary right is practically nil.
- Infidelity is not a reason for a claim before the law, since it is not a marriage.
On the other hand, for some couples concubinage is the best choice because:
- It allows you to get to know the couple much better before any signature or legal bond.
- Future problems can be made visible from the beginning, so they will be more bearable.
- In the event of the termination of the relationship, the economic assets become almost entirely independent again.
- It does not include the costs of a divorce.
If both are willing and there is enough affection, it could be a very strong and pleasant bond between the concubines. It is a process that it requires responsibility, attention, commitment, but above all love, only then will it be worth it.
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