How Does the Domestic Partnership Work in Portugal?
Sara Ferreira | Lawyer
In 2021, Portuguese law established regulations for domestic partnerships , detailing the conditions and terms of applicability.
For the Portuguese legal system, a domestic partnership is defined as the legal situation of two individuals, regardless of gender, who have been living in conditions similar to spouses for more than two years.
It is important to highlight the main cumulative requirements of a domestic partnership:
- Two people living together in conditions similar to marriage must meet specific criteria according to Portuguese law: communion of bed (a relationship with a sexual component), table (sharing resources and expenses) and roof (living in the same house);
- For over two years: all of the above mentioned conditions must be met continuously.
In order to prove the existence of a domestic partnership under the referred conditions, Portuguese law does not specify the proving terms. It simply states that a civil partnership can be proved by any legally admissible means (for instance the most common one, is a declaration issued by the competent local parish authority stating that two people are in a domestic partnership relation).
Being in a domestic partnership offers many benefits, including:
- Right to the Acquisition of the Portuguese nationality;
- Protection of the family home;
- To benefit from the legal regime applicable to married people in terms of vacations, holidays, absences, leave and preference in the placement of Public Administration workers;
- Application of the personal income tax regime under the same conditions as those applicable to married taxpayers who are not separated;
- Social Welfare protection in the event of one partner´s death;
- Benefits related to death or occupational disease of one of the partners derived from a work accident;
- Blood price pensions and pensions for exceptional and relevant services rendered to the country by one of the partners.
In the event of the death of the domestic partner that owns the family home and its contents, the surviving partner may remain in the home for a period of five years as the holder of a real right of residence and a right to use the contents.
If the domestic partnership began over five years prior to the death, the rights provided for in the previous paragraph are granted for a period equal to the duration of the partnership. Nevertheless, the court may extend these timeframes in exceptional situations.
A domestic partnership ceases with the death of one of the partners, by the will of one of the partners or upon the marriage of one of the partners.
If a domestic partnership ends, it is important to decide the future of the family residence, which will depend on whether the house is jointly owned, owned by one of the partners or rented.
The main difference between a domestic partnership and a marriage is the absence of a property regime, meaning all responsibility for debts falls on the person who incurred them. Additionally, a domestic partner is not considered a legal heir and, therefore, is not entitled to inherit the deceased partner’s property.
Should you wish to further discuss this matter, please feel free to reach out to us at any time.
