Stable union is a contract signed between two people who live in a long-lasting and stabilized relationship, and with the intention of establishing a family nucleus.
According to the New Civil Code (2002), there is no minimum time limit of coexistence between the couple so that a stable union is required.
Stable union is a right guaranteed to all citizens, regardless of sexual orientation.
From the Direct Action of Unconstitutionality (ADI 4277) and the Allegation of Non-compliance with Precept Fundamental (ADPF 132), the Federal Supreme Court recognizes, since 2011, the stable union between couples of the same sex in Brazil.
It is worth remembering that a stable union does not change a person's marital status, but is supported by the same rights guaranteed in civil marriage.
All rules governing the stable union in Brazil are present in the article No. 1723 of the Brazilian Civil Code.
See also: the meaning of marital status.
How to make a stable union
In Brazil, there are two ways to obtain a stable union: through
public deed (declaration of stable union), or through private contract (stable union contract).The process to obtain the public deed of declaration of stable union must be signed by the couple at the Notary Public's Office, in the presence of a notary public. Witnesses are dismissed.
In this case, the couple must present:
- Original identity document;
- CPF;
- Proof of residence;
- Certificate of Civil Status (Birth Certificate, for example).
However, it is advisable to obtain more detailed information from the local Notary Public, as there may be variations between the required documents, as well as the amount charged for issuing the declaration of union stable.
already the private contract it is signed by the couple, done in the presence of a lawyer, and must establish all the rules applied regarding the property regime or the dissolution of the common-law marriage.
Signature, with notarized signature, of two witnesses (Over age and capable).
After the production of the contract, the conniving parties must present it to the Registry of Deeds and Documents to register it and generate its publicity before third parties. Only from then on, the common-law marriage will be legally recognized.
Among some of the basic requirements for the common-law marriage to be recognized it is:
- The couple's relationship must be public (public coexistence);
- Coexistence continues;
- Lasting coexistence (relationship with stability);
- Desire to form a family nucleus;
- They do not need to live in the same household (STF summary 382);
- The existence of children is not required to obtain a stable union;
- As previously mentioned, there is no specific period of time for the relationship to request a stable union, as long as the other characteristics already mentioned are proven.
Learn more about the meaning of Unity.
Dissolution of the stable union
The dissolution of the stable union can be done in two ways: judicially or extrajudicially.
In the first case, the decision to dissolve the union must be taken by the Judiciary, based on a legal action.
When it is extrajudicial, dissolution is made at the Notary Public's Office, based on a public deed attesting to the annulment of the common-law marriage.
However, in this case, dissolution is only allowed via the Notary Public's Office when the decision is consensual from both parties and when there are no children (be they adult or minor).
In the case of extrajudicial dissolution, it is also necessary the presence of a lawyer, who must sign the dissolution deed.
Stable Union and Marriage
The main differences between a stable union and marriage are in the bureaucratic processes present in the latter.
A formal ceremony is not necessary for the stable union to be signed, unlike what happens with civil marriage.
Another difference is in the change in the marital status of individuals, which only happens when they get married. A stable union does not change civil states.
With regard to the rights and duties that govern the family, the stable union and marriage are the same.
Couples in a stable union can, at any time, convert this union to marriage, upon request made to the judge and alteration in the Civil Registry.
See more: the meaning of Family.