Requirements to be a Permanent Partner: what it means, its benefits and MORE

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The Requirements to be a Permanent Companion They are very important. By using this term we refer to the union between two people, whose desire is to formalize the relationship but not to get married. In this way, you can start a family and be recognized as a beneficiary for health insurance, property, among other things.

The permanent partner couple it is considered the communion of a Marital Union in Fact, a term that we will cover later.

Next, we will talk to you not only about the requirements, but also about the documents, the survivor’s pension, benefits and much more.

Requirements to be a Permanent Companion

The Marriage Union in Fact It is a legal way of declaring permanent cohabitation between a couple, without having to marry. It is a widely used figure not only in Colombia, but also in other parts of the world where marriage is not necessary to live for many years with a person.

The people who make up this Union are called permanent partners and they enjoy some benefits that normal couples do not enjoy, even if they have been living together for a couple of years. This Union, in addition, is protected by Law 54, of 1990, which you can consult in depth by clicking here.

The Requirements to be a Permanent Companion are:

  • Documents and duly filled out applications for the evidence that proves the existence of the union.
  • Full name, citizenship card and address of both parties.
  • Report evidencing the existence of the Union, with the due start date.
  • Birth certificate of both parties.
  • Birth certificate of the children they may have had.
  • A judge must declare the present or past existence of a De facto Marital Union.
  • Finally, the fundamental requirement is, of course, the certainty of wanting to create this Union.

Once you keep this in mind, the process that you should follow will be:

  • In the first place, you and your partner must appear at a Notary, Conciliation Center before a Family Judge, in order for one of these to certify the existence of the Marital Union.
  • Second, once the request has been received, it will be studied and, if applicable, it will be declared that there is in fact a Marital Union. This can be done by public deed, sentence or conciliation act. It depends on which authority they went to carry out the procedure.
  • Declared on status quo, you and your partner will be holders of a marital status where they will be permanent partners and will be called as such. Similarly, after two (2) years of having lived together, a kind of partnership will be formed where the assets will become jointly owned, in equal parts. This is called patrimonial society.

Necessary documents

The documents that you will need to legalize this Union will be:

  • Full name, citizenship card and place of residence of both parties.
  • Birth certificate of both parties.
  • Birth certificate of the children they have in common.
  • Report evidencing the existence of the Union, with the due start date.
  • Other documents that certify the Union.
This procedure does not have no cost, with few exceptions: if you go to a private Conciliation Center or Notary Public, which have certain prices to be able to provide their services. In this way, the notary and registration procedures Yes who have a cost.

It is important to highlight that when there is trouble reaching an agreement With regard to the declaration of existence of the companionship, then it is possible to make a claim. By means of evidence of the time of shared coexistence, the complaint is presented to the Family Judge. In this way, the existence of the De facto Marriage Union or patrimonial company is declared, if necessary.

The requirements to make the complaint they are, in general terms:

  • Have a lawyer.
  • The plaintiff and the defendant must be duly identified: full names, citizenship card, residence address.
  • Request for the evidence and documents that prove the existence of a Marital Union in Fact.
  • Report evidencing the existence of the Marital Union, with the due start date.

What is the survivor’s pension?

The Survivor Pension It is what corresponds to the beneficiaries of the deceased, this being the user who enjoyed the first stay of the pension or was a contributor.

When a person who is a contributor or pensioner dies, certain family members and spouse / permanent partner can enjoy this pension, following the legal parameters requested. This procedure is regulated by Law 100 of 1993, which was later altered by Law 797.

Who can be access it?

  • Spouse or permanent partner.
  • Minor children up to 25 years of age who are financially dependent on the deceased.
  • Children who have a permanent disability and who are financially dependent on the deceased.
  • If the parents are also monetarily dependent, then they can be included. However, this point only applies if there is no spouse, permanent partner or children.
  • Siblings with permanent disabilities who depend on the deceased. Like the previous one, this point only applies if there is absence of a spouse, permanent partner or children.

In the event that there is a spouse or permanent partner and children, then the pension is shared among all. If these do not exist, then the pension goes to the parents if they can prove that they were financially dependent on him / her.

Requirements to obtain it by being the permanent companion

  • In the event that the deceased is a contributor, they must have contributed at least in the last fifty (50) weeks before death so that the family members can request the pension. This is in case you have not yet retired.
  • For the spouses or permanent partners:
    • Copy of citizenship or immigration document.
    • Photocopy of the birth certificate of the spouse or partner.
    • Title of civil status: sworn declaration of Marital Union of Fact or civil registration of marriage.
  • For the children:
    • Student certificate.
    • Civil registration.
    • Copy of citizenship document.
    • Declaration that there was a dependency on the economic type.
    • Declaration of permanent disability.
  • For the fathers:
    • Civil registry of the deceased.
    • Declaration that there was a dependency on the economic type.
    • Identity document of the deceased’s parents.
  • In the case of disabled siblings:
    • Declaration of invalidity.
    • Declaration that there was a dependency on the economic type.
    • Civil registry of the deceased
    • Applicant’s identity document

Finally, there are three (3) pension types for survivors when it comes to permanent companions.

  • Lifetime: the partner must be over 30 years old. If you have less, you will only be a participant if you have at least one child with the deceased and can demonstrate that they have lived together for at least five (5) years before the incident.
  • Temporary: This occurs in the event that the partner is less than 30 years old. It lasts for a maximum of 20 years, and it is not necessary to have lived 5 years before the incident.
  • Shared: This is the pension that is given when the deceased lived at least the previous five (5) years with two companions, simultaneously. In this case, the pension will be distributed according to the time of coexistence. On the other hand, if the deceased had a non-liquidated conjugal partnership and lived with his / her permanent partner, the distribution will also be made.

What are the benefits?

Being a permanent companion can bring many benefits for you and your family, depending on how many years together you have cohabited and the children they have. However, in general terms these advantages are:

  • You can be added as a beneficiary in any Health Promotion Entity and enjoy the numerous services they offer.
  • Following this union, the product of the work and help of both belongs to the two permanent partners in equal parts, in accordance with article 3 of Law 54. Of course, the assets that were acquired as inheritance are not taken into account, by donation or those that the person obtained before the Union was finalized.
  • It can be dissolved more easily than marriage. Either for the death of a part, marriage with a third party, mutual consent in public deed or by judicial sentence.
  • The companions may appropriate the half that corresponds to them, in accordance with article 6, and in the event of death, the rules of succession will be followed.
  • Unlike a marriage, where only the spouse, the person who contracted marriage, has the right to claim earnings or marital portion, here it must be demonstrated before the Family Judge (or before the Civil Judge) the conciliation act from a legally recognized Conciliation Center, or by public deed before a notary public by mutual consent of the Permanent Partners.

And that’s it! Knowing the benefits is very important and could even be considered one of the requirements to be a permanent partner.

What does it mean to be a permanent Companion?

A permanent companion It is someone who despite not being married, if he is in concubinage. As said at the beginning, when using this term we refer to the union between two people, whose desire is to formalize the relationship but not to get married.

There is a commitment to share assets and earnings during an uncertain time, and to grow up and have children without the figure of marriage but only of the union between two people. Nowadays, this is the most common form of commitment not only in Colombia, but in many other countries like Venezuela, Peru, Mexico and more.


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