Common Law Marriage? ? In the DR?

gringosabroso

New member
Oct 16, 2004
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Does the DR recognize what the Enlish Common Law, the U.K., & many states in the USA recognize as valid, enforceable, binding marriages - based on a minimum of time a man & a woman "choabit"? Forgive me; I was an attorney once!
* How much time must they live together, ie a minimum period. Children? Necessary? If declared?
* If recognized, the specific recognized, & not recognized, features of 'common law marriage' in the DR. Thank you.
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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"There is no such thing as a "common law" wife in the Dominican Republic. Living together with a woman is never equivalent to a normal marriage.

However, certain provisions in the Labor Code, the Minors Code and the Criminal Code acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if his concubine gives birth to his child; domestic violence to a concubine is treated the same as domestic violence to a wife. Recently, on October 17, 2001, a Supreme Court decision gave a surviving concubine the right to sue for the wrongful death of her companion in an automobile accident under very restrictive conditions: a) the couple must have lived as if they were husband and wife, in a public relationship, not hidden or secret; b) the relationship must be stable and long-lasting; c) the relationship must be monogamous and non-adulterous since its origins ; and d) the couple should be of different sexes. The ruling goes on to say expressly that "marriage and extra matrimonial companionship are not . . equivalent realities?.

"No, she has no legal rights over property belonging to her companion. Golo's warning is appropriate though. The law as it stands today gives no property rights to the concubine; however, you cannot guarantee that courts will not adopt in the future a doctrine allowing division of "companionship" assets...or that Congress will not pass new legislation providing for division of assets."

An update:

No common law marriage law yet. However, courts have already started to order the division of "companionship" assets between "companions" ("compa?eros").
 

british bulldog

New member
Jan 21, 2006
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further information ;there is no such thing as common law wifes/husbands in england either,FACT!!!!!!!!!!,however changes are being looked at for co habities,for such instances as fabio has posted,modern day living now needs modern day laws,the world over.
 

billyidol

Banned
Feb 9, 2004
334
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in my country of birth if you are common law and have been in this situation for at least 2 years the female can claim 50% of your wealth if she were to leave