Stable union contract: how it works and main differences from marriage

Stable union is an increasingly relevant legal institution for couples who wish to formalize their relationship without resorting to civil marriage. Just as in document management, organization and formalization bring security. In this article, we'll explain what a stable union is, how the contract works, and how it differs from marriage.

What is a stable union?

A stable union is a form of emotional relationship between two people, of a lasting and public nature, with the aim of forming a family.

Unlike marriage, no legal formalities are required for its establishment, as it is recognized as a family entity by Brazilian law.

A stable union can exist between people of different or same sexes, thus ensuring the principle of equality and non-discrimination. The important thing is that there is continuous, public cohabitation with the aim of building a life together.

For a union to be characterized as stable, several fundamental elements are required. First, there must be an intention to form a family, that is, a shared life plan. Furthermore, the relationship must be public, meaning it must be socially recognized as a stable union.

Another important element is the relationship's durability. There's no fixed minimum length, but the relationship must be stable and lasting, with the intention of lasting over time. It's also important to note that having children together reinforces the characterization of a stable union.

A stable union generates a series of rights and obligations for the partners involved. Partners have the right to state protection, with guarantees similar to those of marriage, such as alimony, inheritance rights, and more.

To ensure the legal security of a stable union, it is possible to formalize the relationship through a stable union contract, which establishes the rights and duties of the partners, as well as the rules of coexistence.

How does a civil union contract work?

For a civil union contract to be valid, both partners must have freely and consciously expressed their views. Both partners must agree to the terms established and sign it in the presence of two witnesses.

The contract may include clauses regulating the administration of assets, such as partial community property, full separation of assets, or final share of assets. It is also possible to define how each partner will contribute financially to the couple's expenses and the division of responsibilities.

However, the contract may include alimony provisions, both in the event of dissolution of the union and in the event of the death of one of the partners. It is important that the contract be drafted clearly and objectively, avoiding ambiguities and gaps that could lead to misinterpretation.

Just like in a digital contract, the signature confers legal validity, especially when carried out through electronic signature, which speeds up and guarantees security to the process.

What is the difference between a stable union and a civil marriage?

Stable unions and civil marriage are two ways of establishing a legally recognized relationship, but they have significant differences. The main difference between a stable union and a civil marriage lies in the way they are established.

A stable union does not require legal formalities; it simply requires continuous, public cohabitation with the intention of starting a family. A civil marriage, on the other hand, requires a solemn ceremony before a civil registry official, in compliance with specific legal requirements.

Regarding legal effects, both stable unions and civil marriage confer rights and duties on partners. However, civil marriage offers more comprehensive and automatic legal protection, as it is immediately recognized by the state. However, stable unions require, in some situations, judicial proof to fully guarantee their rights.

Another significant difference is the issue of assets. In civil marriage, there is the option of a property regime, which defines how the couple's assets will be managed. In a stable union, if no contract is established, partial community property is assumed, meaning that assets acquired during the marriage are shared.

In terms of dissolution, a civil marriage requires a judicial divorce process to be formalized, while a stable union can be terminated in a less bureaucratic manner, through a public deed or even by agreement between the partners.

Finally, another difference to consider is the form of social recognition. Civil marriage is widely accepted and recognized as a formal institution, celebrated through ceremonies and celebrations, unlike stable unions.

This theme also connects to debates about types of contracts and the new possibilities offered by the digital and sustainable transformation, which expand the ways of formalizing relationships and agreements.

What are the points of a stable union contract?

The civil union contract covers several fundamental points that aim to guarantee legal security and regulate the couple's coexistence.

One of the essential aspects of a civil partnership agreement is the definition of the property regime. In this regard, it is possible to stipulate whether there will be partial, total, or separate community property, establishing how assets will be administered during the cohabitation and in the event of the union's dissolution.

Another important point is the division of expenses and financial contributions. The contract can establish each partner's responsibilities regarding household expenses, as well as how they will contribute to common expenses, such as food, housing, education, and healthcare.

The issue of children is also addressed in the contract. Clauses can be established regarding custody, visitation, and education of shared children, as well as the definition of child support in the event of the dissolution of the union or the death of one of the partners.

Asset protection is another important point. Therefore, the document should include clauses aimed at safeguarding each partner's individual assets, establishing, for example, a prohibition on the sale or transfer of assets without mutual consent.

The contract may also address health-related issues, such as defining a family health plan or mandatory periodic medical examinations.

It's important to emphasize that the civil union contract must be drafted clearly, objectively, and take into account the couple's specific needs and desires. Therefore, we recommend downloading the contract using the button below and signing it electronically using ZapSign, which is legally binding.

Just like others digital documents, the contract can be managed with tools electronic document management, bringing more practicality and security to those involved.

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