Unmarried Cohabitation and Free Unions in Bolivian Law
Bolivian law recognizes unions outside of formal marriage, known as 'uniones libres' or free unions. These unions offer certain legal protections and rights to the individuals involved. This article provides a general overview for expats considering or currently in such a relationship in Bolivia. This is general information, not legal advice, and is a draft pending legal review.
Understanding Free Unions in Bolivia
Bolivian law recognizes 'uniones libres,' which are stable, de facto unions between two people who are free to marry and who live together . These unions are not a marriage but are recognized for specific legal purposes. To be considered a 'unión libre,' the relationship must be singular (meaning you cannot be in a free union with one person while married to another, or in multiple free unions simultaneously) and stable .
Legal Recognition and Requirements
The primary legal framework for family matters in Bolivia is the Code of Families and Family Procedure (Ley N° 603) . While the law doesn't explicitly detail a registration process for 'uniones libres' in the same way as marriage, their existence can be proven through various means . For a union to be legally recognized, the individuals must meet certain criteria:
- Capacity to Marry: Both individuals must be legally capable of marrying, meaning they are not already married and meet age requirements .
- Singularity: The union must be exclusive between the two partners. Bigamy or polygamy is not permitted .
- Stability: The relationship must be stable and continuous, demonstrating a commitment akin to marriage .
- Co-habitation: The couple must live together, sharing a common household .
Proving the existence of a 'unión libre' might involve presenting evidence such as joint bank accounts, shared leases, utility bills in both names, or testimonies from witnesses who can attest to the nature and duration of the relationship . In cases where legal recognition is contested, a court may need to determine the existence of the union based on the evidence presented .
Rights and Obligations
Individuals in a recognized 'unión libre' generally acquire rights and obligations similar to those in a formal marriage, particularly concerning property and mutual support .
Mutual Assistance and Support
Bolivian law mandates mutual assistance between family members, which extends to those in a 'unión libre' . This includes the right to 'asistencia familiar,' a form of support that covers essential needs such as food, health, education, housing, recreation, and clothing . This obligation continues until the beneficiary reaches the age of majority, and can be extended up to age 25 if they are pursuing technical or professional training . . Even if a partner loses parental authority or is suspended from exercising it due to judicial resolution, the obligation to provide family assistance remains .
Property Rights
Bolivia guarantees the right to private property and the right to hereditary succession . While the specifics of property division in 'uniones libres' can be complex and may depend on the duration and nature of the union, assets acquired during the period of cohabitation may be subject to division upon separation, similar to marital property. It is advisable to consult with a legal professional to understand how property acquired during the union is treated.
Children's Rights
Children born within a 'unión libre' have the same rights and protections as children born within a formal marriage . Both parents are responsible for the upbringing and support of their children . In cases of separation or conflict, the law prioritizes the superior interest of children and adolescents when determining parental authority and support obligations .
Foreigners and 'Uniones Libres'
Foreigners residing in Bolivia are subject to Bolivian laws and are entitled to the rights and obligations established in the Constitution, with certain exceptions . This means that foreigners in a recognized 'unión libre' in Bolivia are generally afforded the same protections and responsibilities as Bolivian citizens in similar unions.
Foreigners may need to register their civil status. If a marriage occurred abroad, a legalized marriage certificate from the Ministry of Foreign Affairs or one validated by the Directorate General of Migration (DIGEMIG) may be required for recognition in Bolivia. If the marriage occurred in Bolivia, a certificate issued by SERECÍ is needed . .
Next steps
- Consult with a Bolivian family law attorney to understand specific rights and obligations.
- Gather evidence to prove the existence and duration of your union.
- Understand the requirements for 'asistencia familiar' if applicable.
- Explore options for formalizing your union through marriage if desired.
- Ensure all relevant documents are properly translated and legalized if obtained abroad.
FAQs
What is a 'unión libre' in Bolivia?
A 'unión libre' in Bolivia is a stable, de facto union between two individuals who are legally free to marry and who live together. It is recognized by law and grants certain rights and obligations similar to marriage .
How do I prove I am in a 'unión libre'?
Proof can include joint leases, utility bills, bank statements, photographs, and witness testimonies . In disputed cases, a court may need to determine its existence based on evidence.
What rights do children have in a 'unión libre'?
Children born within a 'unión libre' have the same rights and legal protections as those born within a formal marriage. Both parents are responsible for their support and well-being .
Can foreigners be in a 'unión libre' in Bolivia?
Yes, foreigners residing in Bolivia are subject to Bolivian law and can enter into recognized 'uniones libres,' enjoying the same rights and obligations as Bolivian citizens in similar unions .
Sources
- Ley N° 603 - Código de las Familias y del Proceso Familiar
- CPE - Constitución Política del Estado
- SEGIP - Cédula de Identidad de Extranjeros (CIE)
Related guides
- Adoption in Bolivia: A Guide for Expats
- Child Custody in Bolivia: Rules for Parents and Foreigners
- Child Support (Asistencia Familiar) in Bolivia: Calculation and Enforcement for Expats
- Contested Divorce in Bolivia: What to Expect
- Division of Property in Bolivian Divorce
- Divorce by Mutual Consent in Bolivia: A Guide for Expats