Dominican Republic's Common Law Marriage: What's The Deal? | LawShun
Learn about common-law marriages in the Dominican Republic and how they differ from traditional marriages. Discover the benefits and legal implications of this unique union.
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Marriage in the Dominican Republic
Marriages in the Dominican Republic generally fall into one of two categories: civil or canonical. Civil marriages are those in which the couple registers their marriage with the government, with the ceremony officiated by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, with the church taking responsibility for registering the marriage with the government. Marriages in other religious denominations are also permitted.
Concubinage
While common-law marriage does not exist in the Dominican Republic, the country's laws do acknowledge concubinage, or de facto unions. Concubinage is defined as the coexistence of a man and a woman who are not united by a lawful marriage, but who live together in a common way based on an emotional relationship.
Rights and Protections
Despite not being legally married, concubines in the Dominican Republic are afforded certain rights and protections. For example, a worker has the right to a few days off work if his concubine gives birth to his child, and domestic violence against a concubine is treated the same as domestic violence against a spouse. In the event of the accidental death of one of the concubines, the surviving companion may have the right to sue for wrongful death under certain conditions, including that the couple lived as if they were husband and wife in a public, stable, long-lasting, monogamous, and non-adulterous relationship.
Property Rights
In terms of property rights, common-law marriage or concubinage does not create any community of property between the concubines. However, if a couple chooses to marry, Dominican law presumes that they enjoy Community Property rights, meaning that all property and earnings acquired during the marriage are considered community assets. Couples may also choose to enter into a different type of agreement, such as Separate Property, provided that it is in writing and approved by a government official.
Concubinage or de facto unions are not legally recognised
In the Dominican Republic, common-law marriages do not exist. While the concept of concubinage or de facto unions is acknowledged, these are not legally recognised as equivalent to marriage.Concubinage or de facto unions refer to the coexistence of a man and a woman who are not legally married but live together and share a common domicile. These types of relationships are not considered legally valid and do not create a community of property between the couple. However, Dominican law does acknowledge that living together in a de facto union can have certain legal consequences.
For example, the Labor Code, the Minors Code, and the Criminal Code recognise the legal implications of concubinage. In the event of domestic violence, sexual assault, or abandonment within a de facto union, the law treats these acts as serious infractions, equivalent to those in a legal marriage. Additionally, a worker is entitled to time off work if their concubine gives birth to their child.
While concubinage does not grant the same rights as a legal marriage, a Supreme Court decision in 2001 recognised the rights of a surviving concubine to sue for wrongful death under specific conditions. These conditions include a public, long-lasting, monogamous, and non-adulterous relationship between a man and a woman.
It is important to note that marriages in the Dominican Republic fall into two main categories: civil and canonical. Civil marriages are registered with the government by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, and the church is responsible for registering the marriage with the government.
