Civil unions and cohabitation
After the 2012-2013 filiation reform, which finally abolished the difference between legitimate and natural children, there was the approval of law no. 76, bearing legal recognition for couples made up of people of the same sex and unmarried couples.
In order to attribute legal importance to the emotional relationship between people of the same sex, the institution of civil unions was introduced into our legal system. They are governed by art. 1, from paragraph 1 to paragraph 35 of Law no. 76/2016. 76/2016.
A civil union can be established between two adults of the same sex, with a declaration before the registrar and in the presence of two witnesses; in many respects, the civil union gives rise to a bond similar to marriage.
Similarly to the institution of marriage, the legal property regime is that of the communion of assets, which can be waived through a marriage agreement, that can already be concluded in the act before the civil registrar.
Furthermore, the civil union can be dissolved either by agreement between the parties or at the request of one of the two and following a judicial measure.
The Dionisio Law Firm puts at your disposal specialized lawyers updated on the latest news on the subject.
Law no. 76/2016, in article 1 from paragraph 36 to paragraph 67, regulates the legal protection addressed to the so-called de facto couples. For the regime of “de facto cohabitation” to apply, it is necessary to have two persons of the same sex or different sexes, of age, “permanently united by emotional pair bonds and mutual moral and material assistance, not bound by kinship, affinity or adoption, by marriage or by a civil union”.
The recent law has given cohabitants the right to regulate their property relationships through a cohabitation agreement, whose rules of constitution, modification, termination, provide for a public deed or private deed authenticated by a notary or a lawyer.
The professionals of the Dionisio Law Firm have drawn up the first cohabitation contracts and can therefore provide you with in-depth advice on the matter, to better examine every aspect: from the personal aspects (mutual assistance, premature death of one of the two cohabitants, house of common residence) to assets (communion or separation of assets, methods of contributing to the needs of common life).
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