Although in recent years there has been a significant decline in the marriage rate both locally and globally, i.e. In fact, these increased in 2024, while the number of marriages continued to decline (since 1980, the number of marriages in Argentina has fallen by 50%).
“In my case, I went through a complicated divorce, with many legal instances for the dissolution of the marriage and the division of assets. When I entered into a new relationship with my current partner, who is single and childless, we decided to live together and merge our lives. In this process, we chose the civil partnership, which guarantees a minimum of marital rights and protects our personal assets. It is simple, quick and with the legal value we needed,” says Claudia, one 40-year-old university professor.
Just like her, more and more couples want a faster and more punctual appointment. “My partner is Italian, we met in Brazil, but the pandemic separated us for ten months. When we wanted to meet again, we couldn’t because there was no paper documenting that we were a couple since we were not married. From this situation we learned that a civil partnership gives us the certainty that if something like this happens again, we will have a legal document confirming our commitment,” says Daniela, 46, a publicist.
The cohabitation partnership is a free life partnership that actually functions like a marriage and is recognized after at least two years of actual coexistence. In other countries, such arrangements are widespread and as common as marriage. For example, in France there is the PACS (Pacte Civil de Solidarité), a flexible contract for two people (of the same or opposite sex) that organizes their life together and offers tax and property advantages that are intermediate between a free marriage and a marriage, although with fewer automatic rights (e.g. inheritance without a will) and less international recognition than marriage.
In Argentina the law clearly distinguishes between marriage and cohabitation. Marriage automatically produces legal effects, while cohabitation only develops them when people decide to register it and make agreements. In marriage, property, inheritance and family rights arise by law without the need for additional agreements. In a non-marital partnership, however, these effects depend on the couple’s wishes and agreements. In this sense, the protection offered by marriage is much more comprehensive and specific than that of a civil partnership, they emphasize. Daniel Sinopoli and Juan Pablo Bolivio from the CIS.
Furthermore, part of the doctrine asserts that marriage today entails fewer obligations: fidelity or cohabitation are no longer required, and divorce can be requested without cause, even unilaterally. On the other hand, cohabitation requires fidelity, durability and cohabitation (at least years of cohabitation and exclusivity). Despite all this, in 2024, in the city of Buenos Aires, the number of civil partnerships increased (1,130 compared to 834 in 2023), while the number of marriages decreased (2,711 compared to 3,078 in 2023). From 1980 to 2024, marriages fell by 50%.
On the rise
“Although by 2024 the number of marriages was greater than that of heterosexual civil unions and civil unions, their relationship became equal. In 2004, there were 217 marriages for each civil union and civil unions and 20 years later there were only two inheritance obligations between both legal entities,” explains María Eugenia Lago, Director General of the Statistical Institute of the City of Buenos Aires.
Some experts even suggest that the law should in future also recognize solidarity or assistance communities, i.e. life partnerships between people who do not have a romantic connection but live together for economic, housing or mutual care reasons. such as agreements between friends or family.
“We always laugh because we did it a little bit the other way around: first we built our house, then we had children and then we said we were going to get married, and in the end we never got married, but we entered into a civil partnership. Today we have a family because we have two daughters who are nine and six years old,” he says humorously. Magda, 39 years old, owner of a design and communications agency.
“With Florencia, my current partner, we went through a process in which we consolidated our relationship and made it more and more serious. We both came from a relationship of more than ten years: she from a marriage and a divorce; I from a serious relationship with non-marital cohabitation, serious couple; we decided to sell our apartment and buy a larger house, apart from simplifying the prepayment modalities or something like that.
Significant differences between both regimes
Choosing the best arrangement depends on the couple and their personal needs, situations and context, but there are some important differences that should be taken into account. “With the new Civil and Commercial Code, marriages and civil partnerships can choose one or the other regulation both at the beginning and once a year. If the spouses do not decide, community of property automatically applies (Art. 463 StGB). In the case of non-marital partnerships, however, if there is no choice, the separation of assets applies (Articles 518 and 513 StGB). The key difference is that unregistered unions do not have this protection, making them more vulnerable. The law allows them to agree on their own property rules (coexistence agreements), but many people are not aware of this possibility and also of the advantages of registering the union for the protection of housing,” they explain from the CIS.
Likewise, at the economic level, marriage is governed by the system of community of employment (unless otherwise agreed), while cohabitation is governed by the principle of separation of property, unless a registered agreement provides otherwise. At the same time, in relation to inheritance, only the spouse has the automatic right to inherit; Those who live together without marriage do not legally inherit, but can protect certain rights through a will or gift.
Short comparison table
By Melisa García, lawyer
Wedding
There is a legal property regime: community property or separation, depending on the agreement. If no agreement is reached, the law applies according to the law of profit sharing.
Life community
There is no automatic community of property. Coexistence agreements can be concluded for expenses, accommodation and contributions. If there are no agreements, distribution depends on evidence and financial compensation.
Wedding
Automatic application: Unless otherwise agreed, neither spouse can dispose of the assets without the consent of the other
Life community
Housing protection only exists if the union is registered. Without registration, proof of coexistence and influence on the apartment must be provided.
Wedding
Secured inheritance: full inheritance rights.
Life community
There is no automatic inheritance law. It can be replaced by a will, but it depends on foresight and advice.
Wedding
Divorce: division of assets according to the settlement and financial compensation if necessary.
Life community
Termination of cohabitation: possibility of financial compensation in the event of imbalance. The burden of proof is more demanding and the time limit for requesting evidence is shorter.
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