Marriage or de facto union?
When it comes to formalising a relationship, marriage and de facto union (união de facto) are the two main options. Although both have legal implications, there are important differences that it is essential to understand.
In marriage, there is a property regime governing the division of assets in the event of separation. This is not the case in a de facto union: in situations of conflict, one partner may have to return assets to the other, and the decision on who keeps the family home is determined by the rules of the Civil Code.
In marriage, if one spouse dies, the other is automatically considered a legal heir. However, in a de facto union, the surviving partner is not automatically considered an heir.
Another significant difference concerns surnames. While in marriage it is possible to take the spouse’s surname, this option is not available in a de facto union.
It is important to note that, although a de facto union does not require formal registration like marriage, it must be proven for the partners’ rights to be recognised.
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