Couple coexistence contract: marriage and partner in fact

Once you have decided to marry or go to live together, it is interesting to know that the union between people has patrimonial effects (positive and negative) apart from the will of the parties. It also affects the union of natural people through marriage or domestic partnership. 

Knowing the legal options on couple unions you will be able to create a couple coexistence contract that protects your interests.

First steps for the coexistence of the couple in fact and preparation of a marriage

Before you begin, you may need to take a tour of our guide on “types of marital economic regime”. With it you will decide which regime is better suited to you and how you are going to manage the patrimony together.
If you live with someone with no current thinking of getting married, a cohabitation agreement will establish financial provisions and avoid problems. It will also serve as a documentary proof of the union as a domestic partner for the purposes of legal or administrative procedures.
If you buy a property together without being married, an affidavit will record that part of the capital that shall be the responsibility of each one. This can be used in the notarial deed to divide the property. 

This purchase shared by the couples in fact, can also be assimilated as in a marriage: The couple in fact, understood in the legislation of our country as a stable union of coexistence in couple without matrimonial bond, acts to legal effects like the ones already married, having the same rights and responsibilities, among others:

1. The capacity to negotiate a common economic regime (in capitulations). 

2. Payment of family charges. 

3. Food rights. 

4. Hereditary rights.

  • If you are going to be married for religious ceremony or in civil union, a prenup is the best option. It ensures that the intentions between the couple are fixed and avoids the controversy in case of a rupture.
    Finally, in relation to the above, keep in mind that when you begin a meaningful relationship with regard to religious marriage or civil union, you should plan what marital economic regime is more suitable for the couple. In addition to establishing what property and rights will be within the marriage and not.

When is it better to sign a couple coexistence contract?

More and more people are opting to live together as a couple without getting married, term known as a domestic partner. 
A couple coexistence contract establishes the financial provisions between the two. This agreement protects the properties of each member of the partner in fact before they go to live together. 

It also specifies how the assets and debts acquired during coexistence will be shared in the event of a breakup or living separately. It can also be used to make it clear whether expenses should be paid equally or in agreed percentages.

What does a partnership agreement contain for prospective spouses or domestic partners?

  • It has to be equitable and balanced, benefiting both signatories, as well as other contracts. 
  • It is important that it contains issues related to the income, properties, and expenses that will be shared.
  • Proportions in which the burdens and responsibilities will be distributed.
  • Norms concerning the coexistence in general and the care of the children.

This type of couple coexistence contract is highly recommended because it can be used to validate other legal documents, such as wills and powers. Remember to update the agreement periodically to record the changes that have occurred during that time.

If after reading this guide you still have doubts about these agreements or what matrimonial economic regime is best suited for you, contact our Legalbono experts.