União estável: o que é e quais os benefícios?

Stable union: what is it and what are the benefits?

A stable union can be simply defined as the type of relationship between a couple who have decided to live together.

Furthermore, the relationship must be long-lasting and public, and the two must be together with the aim of forming a family.

There are often some doubts about the difference between a stable union and marriage.

Furthermore, many people do not know how it works and what benefits it offers to couples.

Let's find out the details?

Difference between stable union and marriage

The main difference between a stable union and marriage is the formalization: in marriage, there must be a legal bond, a recognition by the state of the union.

For it to be considered a marriage, a justice of the peace must participate in the celebration.

In addition, the couple must issue a marriage certificate at a registry office. And both change their marital status: they become married.

This does not happen in a stable union. Proof of long-term cohabitation is sufficient. In both cases, both parties can adopt each other's surnames.

Before some changes to the Brazilian Civil Code in 2002, there were some requirements for the existence of a stable union. Today, they are no longer necessary.

How to formalize a stable union

However, legal experts advise that spouses formalize the union. This will guarantee the benefits that we will list below.

To do this, simply go to the notary's office in your city. A fee may be charged, which varies depending on the city.

The following documents are required:

  • Birth certificate
  • Photo ID
  • Proof of residence
  • Marriage certificate (if applicable)
  • CPF

What are the benefits?

And formalizing a stable union is important to guarantee benefits to the couple, did you know?

This is because, often, marriage goes beyond the celebration of love and the desire of two people to live together.

It can be essential to clarify some rules and avoid bureaucracy when the two decide to have children, for example.

Or even, although no one wants to think about it, in the case of divorce or death of one of the two.

Some of the benefits guaranteed by a stable union are:

  • Partial communion of assets (equal division between the two)
  • Survivor's pension
  • Prison assistance
  • Right to inheritance
  • Right to food
  • Inclusion in health plans
  • Social security benefits

Important to remember: in some cases it is important to formalize the union to guarantee the benefits.

Stable union between people of the same sex

Same-sex civil unions have had the same validity as those of people of different genders since 2011 in Brazil.

Although the legislation explicitly states that the union is “between men and women”, the Supreme Federal Court recognizes both as legitimate.

And this is fundamental because it ensures that all couples have the same benefits that a stable union provides.

And formalization can also be done in the way we mentioned above.

After all, what really matters is just the love between people!

For those who have already gone through the formal process, but wish to dissolve the marriage, find out here how to dissolve a stable union !

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