Building a life together is a decision of the heart, but it also has practical implications worth knowing about. In Portugal, many couples ask themselves: marriage or de facto union (união de facto), what actually changes in practice?
The answer isn’t ‘better’ or ‘worse’, it’s ‘different’. Every situation has its own rules when it comes to tax, inheritance, assets and protecting your partner. And understanding these differences helps you make informed decisions, especially when there’s a shared home, a mortgage or children involved.
In this article, we compare the two situations clearly and without legal jargon. Remember that this is general information: for your specific case, it is best to speak to a lawyer or solicitor who knows the details of your situation.
What is a de facto union?
A de facto union is the situation of two people who have lived together in conditions similar to those of a married couple for more than two years, without being married to each other. It does not require compulsory registration, a ceremony or any prior formality: it arises from living together.
To prove a de facto union when necessary (for example, for tax or pension purposes), people usually get a declaration from the junta de freguesia (parish council), together with documents showing their shared address, such as proof of residence.
What is marriage?
Marriage is a contract with immediate legal effect, entered into at the Conservatória do Registo Civil (Civil Registry Office), or with civil effect through a religious ceremony. It gives rise to a specific marital status and a property regime chosen by the couple.
There are three main property regimes: comunhão de adquiridos (community of acquired property, the most common), comunhão geral (general community of property) and separação de bens (separation of property). The choice of regime has a direct impact on the couple’s assets, so it should be considered carefully before the wedding.
Key differences in rights
Tax (IRS)
Both married couples and couples in a de facto union can opt for joint taxation for IRS (personal income tax), provided they meet the legal requirements. On this specific point, the difference between the two situations is small: both can benefit from having their incomes assessed together.
Inheritance
Here is one of the biggest differences, and one of the most important to be aware of. The spouse is a statutory heir and a compulsory heir; in other words, they are entitled to a share of the estate guaranteed by law, even if there is a will.
A partner in a de facto union, on the other hand, is not an automatic heir. To protect them, it is essential to make a will. Without one, the person you have shared years of your life with may inherit virtually nothing, with the assets going to the deceased’s relatives.
Family home
The law gives the surviving partner in a de facto union some protection regarding the family home, allowing them, in certain cases, to keep living there for a period. Even so, this protection is more limited and has more conditions than in a marriage. It is a particularly sensitive point when there is a mortgage in the couple’s name.
Survivor’s pension
A partner in a de facto union may be entitled to a survivor’s pension from the Segurança Social (Social Security) if their partner dies, but they will have to prove the union and meet certain requirements. In a marriage, this right is recognised more directly, with no need for such proof.
Adoption and children
When it comes to children, parents have the same rights and duties, whether the couple is married or in a de facto union. Parentage and parental responsibilities do not depend on the parents’ marital status.
What to do to protect yourself
Whichever option you choose, there are steps that give the couple more security:
- Make a will, particularly in a de facto union, to protect your partner.
- Clearly define the ownership of the property and the mortgage (in the name of one or both).
- Review the beneficiaries of your life insurance policies, so that the cover reaches the right people.
- Keep proof of living together (addresses, joint bank accounts, shared expenses).
If you own a home together, have a look at our article on mortgage life insurance: choosing the beneficiaries makes all the difference if the unexpected happens.
There is no answer that suits everyone. Marriage offers a more automatic and protective legal framework; a de facto union gives flexibility but calls for more care, especially to protect your partner in the event of death.
The most important thing is to decide with good information and, wherever possible, with professional support. To clarify your case and find out about the current procedures, consult a lawyer or the official ePortugal website. A good decision today saves headaches tomorrow.
Tiago Machado
