Civil Unions in Portugal

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Civil Unions in Portugal

Portuguese law bans same-sex marriage although amendments to this are under discussion. 

Civil Union (União de Facto) - a registered partnership that legally recognises a couple - was introduced in 1999 to heterosexual couples and extended to same-sex couples in March 2001. A civil union may be entered into by any Portuguese citizen or legal foreign resident provided they have lived with their partner for a minimum of two years. 

Civil Union Law

The law affords the same rights to same-sex couples as to heterosexual couples.

The articles of this law cover:

• Welfare benefits
• Housing arrangements
• Civil servants and work benefits
• The option to choose the same fiscal regime as married couples

Partnership rights also include next of kin, inheritance, property, social security and tax benefits. One difference is that same-sex couples may not adopt children together.

In March 2001 a law concerning common economy (economia comum) was also approved, protecting two or more people that live together, regardless of their gender, with most of the rights of civil union law except welfare benefits.

To start a civil union

To register a civil union the couple can make an application of joint tax assessment after living together for a minimum of two years.

To end a civil union

A civil union is ended:

• By the death of one of the partners
• At the request of one of the partners
• If one of the partners decides to marry

Further Information

• Organisation in favour of civil marriage in Portugal from CasamentoCivil.org (in Portuguese)
• Article from Wikipedia on same-sex marriage in Portugal from Wikipedia 
• Civil Unions in Portugal from Wikipedia