title: De facto union in Portugal
text: # De facto union in Portugal
  
  Part of the LGBT rights series :
  
  Legal status of same-sex unions :
  
  Marriage
  
  Andorra
  
  Argentina
  
  Australia
  
  Austria
  
  Belgium
  
  Brazil
  
  Canada
  
  Chile
  
  Colombia
  
  Costa Rica
  
  Cuba
  
  Denmark
  
  Ecuador
  
  Estonia*
  
  Finland
  
  France
  
  Germany
  
  Iceland
  
  Ireland
  
  Luxembourg
  
  Malta
  
  Mexico
  
  $Netherlands^1$
  
  New $Zealand^2$
  
  Norway
  
  Portugal
  
  Slovenia
  
  South Africa
  
  Spain
  
  Sweden
  
  Switzerland
  
  Taiwan
  
  United $Kingdom^3$
  
  United $States^4$
  
  Uruguay :
  
  Civil unions and registered partnerships
  
  Bolivia
  
  Croatia
  
  Cyprus
  
  Czech Republic
  
  Greece
  
  Hungary
  
  Italy
  
  Latvia
  
  Liechtenstein
  
  Monaco
  
  Montenegro
  
  Netherlands:
  
    • Aruba
  
  San Marino
  
  United Kingdom:
  
    • Bermuda
  
    • Cayman Islands :
  
  Common-law marriage
  
  $Israel^5$ :
  
  Minimal recognition
  
  $Bulgaria^6$
  
  Cambodia:
  
    • 68 communes
  
  $China^7$
  
  $India:^8$
  
    • Chandigarh
  
    • Gujarat
  
    • Haryana
  
    • Kerala
  
    • Odisha
  
    • Punjab
  
    • Tamil Nadu
  
    • Uttarakhand
  
  $Japan^9$
  
  $Lithuania^6$
  
  $Namibia^{10}$
  
  $Netherlands:^2$
  
    • Curaçao
  
    • St Maarten
  
  $Poland^6$
  
  $Romania^{12}$
  
  $Slovakia^6$ :
  
  See also
  
  Same-sex union legislation
  
  Same-sex union court cases
  
  Timeline of same-sex marriage
  
  Recognition of same-sex unions in Africa
  
  Recognition of same-sex unions in Asia
  
  Recognition of same-sex unions in Europe
  
  Recognition of same-sex unions in the Americas
  
  Recognition of same-sex unions in Oceania
  
  Marriage privatization
  
  Divorce of same-sex couples
  
  Domestic partnership
  
  Military policy
  
  Adoption
  
  Listings by country
  
  LGBT rights by country or territory :
  
  Notes
  
  Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  
  Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  
  Neither performed nor recognized in six British Overseas Territories.
  
  Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  
  Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  
  The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  
  Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  
  Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.
  
  Some cities and prefectures issue partnership certificates, though not legally formalized.
  
  Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights
  
  Hospital visitation rights through a "legal representative" status
  
  * Not yet in effect :
  
  LGBT portal :
  
  vte :
  
  A de facto union in Portugal (Portuguese: união de facto; Mirandese: ounion de fato) is a legally recognized relationship which is granted similar rights to marriage, without formal registration.
  
  As with a common-law marriage (which is sometimes called "marriage in fact"), the act of the couple representing themselves to others as being married, and organizing their relation as if they were married, acts as the evidence for the legal recognition as a de facto union. However, unlike a common-law marriage, the status is not equivalent to a marriage: the legal rights and obligations of a couple in a de facto union are different from those of a married couple.
  
  ## History
  
  De facto unions were first formally introduced for opposite-sex couples in Law no. 135/99 of 1 July 1999, although some of the legal protections granted by the status already existed separately in various other laws, dating back to 1976. De facto unions were later extended to same-sex couples by Law no. 7/2001 of 11 May 2001. On the same day, a law on economia comum ("common economy") was also implemented, granting protection to two or more persons that live in common economy with most of the rights of the de facto union, except welfare benefits.
  
  Since 5 June 2010, Portugal also recognizes same-sex marriage, with de facto unions remaining as an alternative to couples (same-sex or opposite-sex) who do not wish to marry.
  
  ## Establishment and termination
  
  There is no registration for the process. Rights can be claimed after a couple lives together for two years. An application of joint tax assessment can be made to prove the union but it is not required.
  
  Portuguese de facto unions terminate upon the death or marriage of one of the partners, or upon request of one of the partners.
  
  ## Rights
  
  The law covers housing arrangements, civil servants and work benefits, the option to choose a fiscal regime as married partners, and welfare benefits. Since 1 March 2016, couples of any sex married or unmarried can adopt children together.
  
  Since December 2006, same-sex couples (and opposite-sex couples) living in a de facto union are also recognized in the same way as married couples for citizenship applications and when a public servant wants to extend healthcare protection to the partner.
  
  Since 2007, a new Penal Code recognizes same-sex couples regarding domestic violence, the murder of a partner, refusal to testify in court against the partner and in all other situations where married couples are referred in the code.
  
  In July 2009, the Portuguese Assembly, with support of all the parties on the left, approved a bill to extend certain rights enjoyed by married couples, including inheritance rights, to couples in a de facto union. On 24 August 2009, President Aníbal Cavaco Silva vetoed the bill.
  
  On 9 July 2010, a de facto union expansion law (that included inheritance rights, compensation and other benefits) passed the Portuguese Parliament and on 16 August 2010, President Cavaco Silva ratified the law.
  
  ## Statistics
  
  In 2011, there were about 730,000 de facto unions in Portugal, a 276% increase from 20 years prior.
  
  