- Thread starter Lucas61
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Does There Exist a Legal Category Less Than Marriage?
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l reproduce a post I published some time ago, amended to reflect recent updates:
There is no such thing as a common-law marriage in the Dominican Republic. As our Supreme Court has repeatedly stated, merely living together is never equivalent to a formal, legally recognized marriage.
However, on October 17, 2001, the Supreme Court issued a ruling that granted a surviving concubine the right to sue for the wrongful death of her partner in a car accident—albeit under very restrictive conditions:
a) The couple must have lived together publicly as husband and wife, not in secrecy;
b) The relationship must have been stable and long-lasting;
c) It must have been monogamous and non-adulterous from the outset; and
d) The partners must have been of different sexes.
In the years that followed, Dominican courts gradually extended these rights to include recognition of claims over the estate of a deceased partner or the granting of certain property rights upon separation.
Notably, Article 55.5 of the Dominican Constitution now expressly states:
“The unique and stable union between a man and a woman, without legal impediments to marriage, forms a de facto family and creates rights and duties in their personal relations and concerning their property, in accordance with the law.”
There is no statutory minimum duration of cohabitation required to establish a stable union; it is up to the courts to assess the existence and nature of the relationship based on the facts of each case.
That said, if legal certainty is the goal, the safest course of action remains a formal marriage with a prenuptial agreement.
There is no such thing as a common-law marriage in the Dominican Republic. As our Supreme Court has repeatedly stated, merely living together is never equivalent to a formal, legally recognized marriage.
However, on October 17, 2001, the Supreme Court issued a ruling that granted a surviving concubine the right to sue for the wrongful death of her partner in a car accident—albeit under very restrictive conditions:
a) The couple must have lived together publicly as husband and wife, not in secrecy;
b) The relationship must have been stable and long-lasting;
c) It must have been monogamous and non-adulterous from the outset; and
d) The partners must have been of different sexes.
In the years that followed, Dominican courts gradually extended these rights to include recognition of claims over the estate of a deceased partner or the granting of certain property rights upon separation.
Notably, Article 55.5 of the Dominican Constitution now expressly states:
“The unique and stable union between a man and a woman, without legal impediments to marriage, forms a de facto family and creates rights and duties in their personal relations and concerning their property, in accordance with the law.”
There is no statutory minimum duration of cohabitation required to establish a stable union; it is up to the courts to assess the existence and nature of the relationship based on the facts of each case.
That said, if legal certainty is the goal, the safest course of action remains a formal marriage with a prenuptial agreement.
Well , Our Board Legal Expert has spoken...
Before I saw the Good Lawyers Post I was going to say this ,
. I think you are Both Right Windy and John..
there is NO such thing as "Common Law" ( as we know it)
but there is " Defacto Union" if you can prove all those requirements listed ..
A simple Google AI Search will show this as well , its NO secret ..
" However, there are circumstances where partners in a free union might seek to establish certain rights or collect compensation. For example, the Dominican legal system acknowledges that a de facto union can be established if it has lasted for a considerable period and meets certain criteria. These criteria generally include:
Make sure she can NOT prove all of those Requirements .. and have a solid WILL.
Before I saw the Good Lawyers Post I was going to say this ,
. I think you are Both Right Windy and John..
there is NO such thing as "Common Law" ( as we know it)
but there is " Defacto Union" if you can prove all those requirements listed ..
A simple Google AI Search will show this as well , its NO secret ..
" However, there are circumstances where partners in a free union might seek to establish certain rights or collect compensation. For example, the Dominican legal system acknowledges that a de facto union can be established if it has lasted for a considerable period and meets certain criteria. These criteria generally include:
- Cohabitation: The couple must have lived together in a common domicile.
- Notoriety: Their relationship must be publicly known and acknowledged.
- Singularity: The relationship must be exclusive to the two individuals.
- Permanence: The relationship must be lasting and of a certain duration, often indicated as at least 3 years. "
Make sure she can NOT prove all of those Requirements .. and have a solid WILL.
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