Legal Common Law Marraige

[JeffJerson]

I've heard that after 5 years a couple is considered to be married.
Can any help me to understand the details of what this means?

 

[PatrickPt]

Means the parties can claim part of the assets acquired by the other over that period (bienes gananciales). AFAIK.
They must prove they lived together.

 

[Mart]

I believe you have to file paperwork for that though - it's not automatic. IE - a civil union must be registered at the registro civil.

 

[earlyretirement]

I seriously doubt it would be easy to WIN a claim over assets earned during that time.

I know tons and tons of people that have been dating forever (Argentine guys don't seem to like to commit too easily..ha ha). Some of them have been with their girlfriends 7, 8, 9 years and some nasty break ups with the girl basically saying "sh*t or get off the pot" and the guy got off the pot so to speak and break up.

I've never ever heard of someone getting something in a common law type of situation in Argentina.

 

[JeffJerson]

Does anyone know when the El nuevo Código Civil goes into effect?
Or a source where I can get some questions answered without need to consult a lawyer?

 

[earlyretirement]

Does anyone know when the El nuevo Código Civil goes into effect?
Or a source where I can get some questions answered without need to consult a lawyer?

I seriously doubt it. Even speaking with a good lawyer might not help.

The biggest problem with Argentina is the right hand doesn't know what the left hand is doing. You can have rules/laws but they are either unenforceable or it would take too long to try to get them enforced.

I wouldn't hold my breath on common law marriages in Argentina or lose too much sleep worrying about potentially losing assets there from them.

Even if they impose a new law I doubt it will be enforceable. There are LOTS of laws on the books in Argentina that are not enforced.

 

[JeffJerson]

Thanks.
Actually I'm thinking about getting married and wanted to see if a civil union offers any advantages.

 

[earlyretirement]

Thanks.
Actually I'm thinking about getting married and wanted to see if a civil union offers any advantages.

Hey if a "common law marriage" works for your significant other vs. a traditional marriage then go for it.

But I'd say you have an uphill battle with the majority of the women out there.

Also, I wouldn't worry too much. Whatever assets you have before you get married are yours.

My personal feeling is if you THAT worried about sharing whatever your earnings will be during your marriage in a potential divorce then don't get married.

Marriage isn't for everyone.