The world views the civil partnership as a legally binding relationship, and Costa Rica is among the many countries respecting it. Civil society groups and activists in the nation strongly support this right.
In November 2018 the Supreme Court ruled to abolish the ban on the same-sex union in Costa Rica. This opened the doors to a more inclusive definition of marriage in the country.
Today, Costa Rican law recognizes civil partnerships as a legal union between two people of the same or opposite sex.
A civil partnership refers to a legal relationship registered by two persons who are legally able to be married to each other. This type of union is available for couples of the opposite sex or same sex. You gain legal recognition when you register your relationship in the courts of law. In essence, it will grant you legal rights and responsibilities, which technically makes it a ‘common law marriage’.
What is a common law marriage in Costa Rica? It is the cohabitation of a couple that leads to an implied marriage, granted that the relationship fits the legal description. The Costa Rican Family Code, Código de Familia, effectively recognizes the legality of such cohabitation unions. Common law marriage, or cohabitation, as it's called in some jurisdictions, acquires the same rights as an officially married couple.
Implied marriage is described as a public, unique, widely known, and stable cohabitation of two people for over two years. This free union means that the recognition applies to a long-term relationship. To be legally accepted it must have the following conditions.
The couple must demonstrate their married-like relationship to third parties. It may not be hidden or kept a secret from their family, friends, and acquaintances.
Both partners must have an exclusive relationship. Hence, they cannot have another relationship outside of the free union. They will lose the legal effects if found otherwise.
The relationship must endure the test of time, specifically more than two years. The couple should also stay together and live together under the same roof.
Both partners must have the legal rights to marriage. Marriage and common law marriage is prohibited if either partner is still married, and it does not matter for how long they have been separated. You cannot marry family descendants, siblings, or any other second-degree family member. Also, it is prohibited to marry an adoptee. The minimum age for marriage in Costa Rica is 18 years of age.
Costa Rica recognizes the civil partnership if the judge deems that it meets the conditions of the family law. One of the parties involved must file a law suit, with a lawyer, to request the status in the appropriate Family Court. The authorities will then open the legal proceeding.
The due process is pursuant to the Code of Civil Procedure, which carefully considers statements and facts from both parties and from witnesses. Once the court declares the civil partnership, then the couple can enjoy the same legal effects as legally wed unions. The spouse in the common law relationship can benefit from all of the legal rights of the partner like inheritance and healthcare.
There is a two-year statute of limitations to the filing of the suit by one of the parties or an heir. The period commences from the date that the relationship ended or one of the spouses passed away.
Any inheritance by either party remains their sole property and is not subject to claims by the other partner. Also, any gifts received by either party remain their property. Otherwise, all property acquired during the marriage is common property and is owned one-half by each person.
Couples under a civil partnership can enjoy the same benefits of any legally formed marriage. You can become your spouse's beneficiary in any medical or social security record. It also follows that you can give medical consent as a civil partner should your spouse become unconscious or incapacitated. Once you are divorced these rights end.
If unfortunately, your partnership ends in a divorce, the Costa Rican alimony law is applied to the situation. A financially dependent spouse will likely get continued financial support despite the separation and divorce. If the couple has children, they are financially responsible for them. Child support is non-negotiable since it is not a privilege you can renounce but the right of your children.
Both parties mutually consenting to a divorce must submit information to the Family Court. The declaration will indicate who will take care of the custody, education, and upbringing of any underage children. It will also specify the spouse who will pay child support as well as the total amount of the payment. Lastly, the document also states the division of properties as agreed by both parties.
In case of a contested divorce by the way of the Family Court, you should seek the best Family Law services for the proceeding. Any couple not willing to accept a mutual agreed divorce requires an intervention by the judge to settle matters concerning children, marital properties, and more.
Costa Rican law permits couples to adopt if they are at least 25 years old and below 60 years of age. Adoption may take around 1 to 2 ½ years or longer, depending on your openness to the child's age range, sibling groups, and age range. All adopted children in a divorce are treated the same as natural children.
The marital property that is recognized by law are assets acquired during the common law marriage. All common assets are owned one-half and one-half by each partner and are distributed equally. Any property that was obtained prior to cohabitating is exclusively the property of that person. Putting assets in a corporation is a common method of ownership and this is also one-half and one-half ownership.
Costa Rican laws allow couples to enter into an agreement prior to marriage. The prenuptial agreement addresses key issues should you divorce your partner. Unlike in some other countries, you can terminate or change this type of agreement as long as both parties agree to the change.
In the case of common law marriage, the law does not allow the legal effects of a prenuptial agreement. It cannot govern or waive a spouse’s rights that they acquired through the implied union.
Any legal matter sets several requirements for the legal proceeding to be completed. You will have to present documents, submit relevant information, and bring in witnesses. Here are a few requirements that you may need to provide:
In the case of a foreign spouse, the Código de Familia stipulates the foreigner can provide a civil certification or affidavit. This document shall prove his marital status and must be a legal document with an Apostille or legalized by the Costa Rican Consulate.
Your witnesses must be of legal age and can be a friend or relatives of either person. They must also have important documents ready to make the process quick and hassle-free.
Here are the stipulated requirements for witnesses:
You can carry out the legal union in any part of Costa Rica as long as it follows the legal proceeding. The spouses, notary public, and witnesses will sign the act drawn upon at the end of the event. The partners will then receive a copy of the record.
In the past, common-law marriage applies only to a union between a man and a woman. However, recent developments to same-sex marriage now allow same-sex unions to register their civil partnership.
The legal implications surrounding civil partnerships can become ambiguous, especially if you are not familiar with the law. You need a reliable legal partner who can help you fully understand the legalities concerning civil unions. Our firm offers free consultation via our web form to aid you as soon as possible.
Our team of Costa Rican Family Law specialists can provide the sound legal advice that your current situation might require. We have top-caliber lawyers who can handle your civil partnership in accordance with the law. It's an honor to provide you with the best legal assistance today.
Feel free to get in touch with any enquiries and one of our friendly members of staff will get back to you as soon as possible, we are here to help !