Do you live together but are not married to? This is what you should know about the Marital Union of Made in Colombia.

How long coexistence makes me a “permanent partner” ?, What happens with the
goods we buy together?, How do I declare officially out of the relationship?

These are the legal questions most sought after by couples colombian live together without
marry. The legal answer to all of them is: The de Facto Marital Union, a renowned figure in the
colombian law to protect their personal rights and property.
Then, the team CAFORE Lawyers tells you what is essential to protect their heritage and
their personal rights.

1. What is the de Facto Marital Union?

The de Facto Marital Union (“UMH”) is the legal term used to refer to the coexistence of a permanent partner, with the intention of forming a project of common life, without the need for marriage. From the first day of living is born of the union; However, their property – that is to say, to understand that the property acquired by both parties during the cohabitation are of the partner and, consequently, are in a "pocket" common – only become fully enforceable when the couple is formally declared, requires a period of coexistence of not less than TWO years, and that permanent partners are not forbidden to marry.

This figure is enshrined in articles 1-7 of the Law 54 of 1990 and was expedited by the Law 979 of 2005, which created pathways more quick to give credit for.

2. Requirements for your legal life

I. Coexistence of real and permanent- The couple must live under the same roof and sustaining a common life, this happens when both are evidence solidarity, help, respect, the duty of cohabitation and submitted to the society as a family (As if they were spouses).

II. Mood of permanence and uniqueness: There's not enough cohabitation possible; there must be the intention of making a home; in Colombia, the legislation does not envisage effects to relations poliamorosas in such a way that one of the requirements for the existence of the UMH lies in the uniqueness of the affective relationship romantic is born between two human beings.

III. Minimum term of two (2) years of coexistence to show off the company property derived from the union (not to the UMH itself, which arises from the beginning of cohabitation).

IV. Legal capacity: None of the two is a minor or married (in case of have been your previous link should be dissolved and liquidated, since at least one year ago).

These requirements are in the article 2 of the Law 54, as amended by section 1 of the Act 979, 2005.

3. How should I declare the de Facto Marital Union?

The answer is that if, because, although the union has existed since the beginning of cohabitation, finding it is the key to enforce economic rights (pension, inheritance, property). Without such a declaration, to test the relationship before a judge, EPS or pension fund may become difficult and expensive.

Pathway.	Result.	Where is processes?	Do I Need A Lawyer?
Mutual agreement.	Act of reconciliation.	Center Conciliation.	Optional.
Mutual agreement.	Public deed.	Notary.	Optional.
Mutual agreement.	Sentence (verbal Process summary).	Family court.	Necessary.
No agreement.	Sentence (Process verbal).	Family court.	Necessary.

The judges of the family will know of these processes according to the mapping rules of competition of the Code Generated in the Process (CGP).

4. What are its characteristics?

I. Flexibility: Born without formalities and adapts to the realities of modern social, because this is not a contract and solemn as if it is the marriage that is regulated by the Civil Code or the code of Canon Law in the case of is catholic and in any case is framed in the colombian legislation.

Some tests that are used to prove the existence and achieve your statement if you could not make common agreement are as follows: Statements extraprocesales, testimonies of friends, or any acquaintance, contracts, joint bank accounts, shared, correspondence, membership of a joint to social security, among others.

II. Equality rights: Just like in marriage, UMH born with a range of rights and obligations, as, for example, the duty of loyalty, the duty-of-care, the duty of cohabitation, among others. This figure also protects the partner more vulnerable (health, pension, food).

III. Patrimonialidad conditional: The society of assets (“company assets”) arises automatically at 2 years, but it requires a declaration to be opposable to This is the main effect on equity that is born of the UMH, as mentioned previously, it is when two people have lived together for more than two years, their goods are understood to be common, they come in a “pocket” common fruit of the work as a couple despite the fact that this degree of one or the other.

IV. Dissolution simple: To be able to give it terminated in case of permanent partners do not wish to continue to the link, there are a number of alternatives are intended to facilitate the process of dissolution, as the law contemplates the possibility of doing so by mutual agreement before a notary public, a conciliator or a judge.

V. Application to all couples, regardless of their sexual orientation: The sentence HIS-214 of 2016 issued by the Constitutional Court, marked a historic breakthrough in Colombia to ensure that the rights and legal protections that previously only applied to heterosexual couples will also be extended to couples of the same

With this decision, the Court reaffirmed the principle of equality and removed a major barrier that prevented the full recognition of the diversity family in the country. This judgement is key because it recognizes that all couples, regardless of their sexual orientation, should have access to the same guarantees within the legal system of colombia.

5. What happens with the goods that you bought together?

When met two years of cohabitation, the law presumes the existence of a society's heritage: An “ordinary pocket” into which the goods acquired for consideration during the relationship.

I. do Not fall in this society, goods received by donations, bequests, or personal, acquired before live.

II. To deal legally these goods, should be declared legally binding by means of the mechanisms previously described.

6. Marriage vs. De Facto Marital union: what is the difference?

Aspect.	Conjugal society (Marriage)	Property Company (UMH)
Source.	Contract of marriage.	Coexistence (UMH).
Start.	From the marriage, unless the marriage contract.	Automatic after 2 years of UMH.
Regime supletivo.	Civil code ARTS 1781- 1841.	Law 54/1990 and law 979/2005.
Test.	Civil registration of marriage.	Declaration (Act, deed or judgment).
Dissolution.	Divorce, death, separation of property, the nullity or the cessation of the civil effects of marriage catholic.	Act, deed, judgment, or death.

In summary, the marriage creates a conjugal society by the mere fact of getting married; UMH only generates asset company if you meet the 2 years and it is officially declared. Not to confuse, the “declaration” does not create society, only makes it enforceable.

7. Do I have the right to a pension or health as a permanent companion?

Yes, as a permanent companion, you may have the right to a pension and access to health services, but there are certain requirements that you must meet. The Supreme Court of Justice has recognised that permanent partners have the same rights as spouses in matters of social security, provided that you demonstrate a coexistence of stable and durable. In the case of the board of the survivors, if your partner dies and you depended economically on it, you can request the replacement pension, always stating that they lived together and shared a common life, a sentence relevant to the topic is the SL3080-2020 of the Supreme Court of Justice. The judgments of the court have pointed out that this right is not dependent on a formal marriage, but of the existence of a de Facto Marital Union legally recognized.

In terms of affiliation to health, you can be the beneficiary of the social security system in health if your partner is an affiliate of and complies with the requirements established by the law. The Supreme Court has reiterated that the health protection should be ensured to those who have

built a life in common, regardless of whether they are married or not. In some cases, it has been allowed access to health services through guardianship actions, when it is shown that the denial of the right severely affects the quality of life of the applicant.

It is important to note that, in order to access these benefits, it is recommended to formalize the de Facto Marital Union in a declaration in any of the ways described above. The Supreme Court of Justice has emphasized that the protection of the rights of permanent partners seeks to ensure equality and prevent discrimination against those who have opted for the marriage.

8. Why should I declare the Union?

Declare your Marital Union of Fact it is not a formality costly or complex if it advises well. Avoid lawsuits by pension, inheritance, and the distribution of assets, and shields the couple in front of third parties.

En Cafore Abogados somos expertos en Derecho de Familia:

I. we draw up the act of settlement or the

II. We represent them before judges, if there is

III. Designed agreements heritage preventative to protect your future and that of their

Do you have two years to live, or they want to regulate their heritage from now? Contact us today. In CAFORE Lawyers are here to protect your project to life with advice legal of high impact.

Myths prevalent on the Marital Union of Fact...

I. “Already we two years, so that all is half and half” → False: If there is no declaration, no effects of economic machines.

II. “Only married couples can inherit” → False: The permanent companions also have hereditary rights if credited the union.

II. “Should I go a mandatory judged.” → False: you Can make a declaration before a notary or center of conciliation.

IV. “If it's not checked, there is no union” → False: Although the formalization facilitates the accreditation, the de Facto Marital Union can be recognized in court if it proves the coexistence of stable and durable.

V. “Only applies to heterosexual couples” → False: the judgments of the courts have established that the de Facto Marital Union is valid for same-sex couples, guaranteeing equality of rights in relation to estate and probate.

VI. “If one of the two does not work, do not have property rights” → False: The society wealth is presumed when there is coexistence of at least two years, regardless of whether one of the partners does not generate