In Costa Rica, “union libre” (common-law marriage) is a legally recognized form of cohabitation. While it may seem like an informal living arrangement, it carries significant legal rights and responsibilities. Whether you’re a local resident or an expatriate, understanding the implications of union libre is crucial. In this blog, we will explain the legal aspects of union libre in Costa Rica and provide tips on what you should be cautious about when in such a relationship.
What is Union Libre in Costa Rica?
“Union libre” is a legal term used in Costa Rica to describe a relationship where two individuals live together as a couple, without being formally married. It is similar to what many English-speaking countries refer to as a common-law marriage. In Costa Rica, a union libre relationship is recognized after living together for at least three years or, in some cases, even less if a child is born from the relationship.
Legal Recognition and Rights of Union Libre
Costa Rica recognizes the legal status of union libre in the same way as marriage, granting couples in a union libre many of the same rights. Here are the most important legal aspects:
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Inheritance Rights: Partners in a union libre are entitled to inherit each other’s property under Costa Rican inheritance laws, similar to married couples. This includes real estate, savings, and other assets.
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Shared Assets: If a couple in union libre separates, the division of assets follows the same principles as a married couple. This includes the division of shared property, debts, and other financial matters.
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Social Security and Benefits: One partner in a union libre may be eligible for the social security benefits of the other partner, such as healthcare and pensions, just like married couples.
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Child Custody and Support: If the couple has children, both parents have legal responsibilities regarding child custody and child support, even if they are not married.
How to Establish a Union Libre in Costa Rica
While it’s not mandatory to register a union libre relationship in Costa Rica, doing so can provide additional legal protection. There are two primary ways to establish union libre:
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Declaration of Union Libre: This is an official legal procedure that can be done at the Civil Registry. A couple can voluntarily declare their relationship as union libre, and this will be officially recognized by the Costa Rican government.
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Living Together: If a couple has lived together for three years or more, they may automatically be recognized as in a union libre by law. In some cases, the presence of children can shorten this time.
Important Legal Considerations
Even though union libre comes with many of the same rights as marriage, it is important to note that not all rights are automatic. Here are some things to keep in mind:
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Property Rights: If you don’t declare your union libre, proving joint ownership of assets or shared responsibilities can be complicated if the relationship ends. It is wise to keep records and formal agreements to avoid disputes.
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Financial Obligations: Just like in marriage, a person may be financially responsible for their partner’s debts in a union libre relationship. Be mindful of joint financial decisions and the legal consequences.
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Separation Process: Although the legal procedures for divorce do not apply to union libre, separating can still be legally challenging. It is advisable to have a written agreement that clearly states the division of assets, debts, and child custody if applicable.
Risk to Be Aware Of
Cultural Differences: If you are a foreigner in Costa Rica, be aware that legal practices and expectations around union libre may differ significantly from those in your home country. It’s essential to fully understand how Costa Rican law applies to your specific situation.
Tip for Protecting Yourself in a Union Libre Relationship
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Legal Consultation: Consider seeking legal advice before entering into a union libre, especially if you have significant assets or children involved.
BE INFORMED AND STAY INFORMED.
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