Concubinato (Common Law Marriage) in Mexico in 2024: What You Need to Know
Last Update: September 20, 2024
In Mexico, many couples live together as partners without the formalities of legal or religious marriage. This lifestyle choice may work perfectly for your day-to-day life, but when significant events such as asset accumulation, separation, or even the death of a partner occur, the legal status of your relationship takes on new importance. If you’re in a common law relationship, known in Mexico as concubinato, it’s crucial to understand how to protect yourself and your partner under the law.
What Exactly is Concubinato?
Concubinato is Mexico’s version of common law marriage. While the term might sound like the English word “concubine,” it holds no such connotation in Mexican law. It simply refers to two people who cohabit as a couple without being married.
To be considered in a concubinato relationship, both partners must meet certain criteria:
- Neither can be a minor.
- Neither can be legally married to someone else.
Registering Your Concubinato Status
The legal process of registering concubinato has become more streamlined in many Mexican states. Under the Federal Civil Code, couples who have lived together for at least two years as partners can officially register their relationship. This allows them to obtain a certificate confirming their status as a concubinato couple. However, the two-year cohabitation requirement does not apply to couples with a child.
A significant update for 2024 is the increasing availability of online services for this registration in some states (such as Mexico City and Quintana Roo) making it easier for couples to validate their relationship without needing to go through complex in-person processes.
To complete the registration, the couple will need two witnesses. In states like Quintana Roo, this certificate can be obtained from DIF (Integral Development of the Family), though local processes may vary slightly depending on where you live.
Parental Rights in Concubinato
When it comes to parenting, the legal status of a concubinato couple mirrors that of legally married couples. If a couple has children, they are automatically recognized as co-parents with equal responsibilities, whether or not they’ve been together for the required two-year period. This means that, in case of separation, the rights and obligations surrounding parenting and child support remain identical to those of a married couple.
Proving Concubinato in Court
In unfortunate situations such as the death of a partner, the surviving individual may be required to prove their concubinato status to claim any inheritance, benefits, or property. While having a concubinato certificate simplifies this process, it’s always wise to go a step further in protecting your assets and your partner.
The Importance of a Mexican Will
While proving concubinato may grant a surviving partner certain rights, the Mexican legal system still strongly encourages preparing a Mexican will. As of 2024, this is especially important given recent changes in probate laws that streamline inheritance processes for registered couples.
Additionally, the cost of creating a Mexican will during “Mes del Testamento” (the Will Month), traditionally in September, remains significantly reduced. This offers an affordable opportunity to protect your assets, ensuring your partner and children are taken care of, regardless of your marital status.
Takeaways
The legal recognition of concubinato is becoming more robust, providing better protections for unmarried couples across Mexico. However, it’s essential to:
- Register your concubinato status, this is particularly important if you’re accumulating assets or co-parenting.
- Understand your state’s laws, as the recognition and registration process for concubinato can differ.
- Consider drafting a Mexican will to safeguard your loved ones in the event of an unforeseen tragedy.
Protecting your relationship and ensuring your legal rights is more accessible than ever in 2024. Mexlaw is here to support you in taking advantage of the evolving legal landscape to secure peace of mind for both you and your partner/family.