Civil Unions in Argentina
Information on forming a civil union in Argentina and the rights and benefits of a couple in a civil union...
Certain Argentine jurisdictions, such as the city of Buenos Aires, offer couples (either same or opposite-sex) the possibility of forming civil unions. However, civil unions do not provide the same rights, benefits and obligations as marriage; their effect is limited, for example, to granting hospital visitation rights, as well as pension and health insurance benefits.
How to Form a Civil Union
The requirements for forming a civil union have been set forth by each of the Argentine jurisdictions that offer the possibility of forming a civil union. Thus, as with marriage, the process to form a civil union depends on each province's regulations (if such regulations provide for the possibility of forming a civil union).
In the city of Buenos Aires, the couple must pay the applicable fee and provide the following:
- Evidence of cohabitation for at least two years; this two year period is waived if the couple has children in common
- Both members of the couple must have been legally domiciled in the city of Buenos Aires for at least two years
- Identification documents of both parties: National Identity Document (Documento Nacional de Identidad - DNI). A photocopy of such identification documents shown must be submitted
- If either member of the couple has been divorced or widowed he or she should supply a certified copy of the divorce decree or death certificate, as the case may be. If the copy has been certified outside of Argentina, it should be legalized in its country of issuance (either with an "Apostille" or at an Argentine consulate). In the case of divorced persons, if the prior marriage was celebrated or the divorce has been decreed outside of Argentina, the foreign marriage certificate and/or divorce decree should first be registered with an Argentine Civil Registry Office, through a court procedure. If both the marriage and the divorce were celebrated and decreed, respectively, outside of Argentina, the civil union is subject to prior authorisation by the city of Buenos Aires Civil Registry Office.
Minors (any person aged less than 18) are not allowed to form a civil union.
No less than two and no more than five witnesses over the age of 18 and domiciled in the city of Buenos Aires must be present. None of the witnesses can be related to the applicants.
How to Dissolve a Civil Union
A civil union formed in the city of Buenos Aires is dissolved by:
- Mutual agreement of both members of the couple
- Unilateral decision by one of the members of the couple (with due notice to the other member)
- Subsequent marriage by one of the members of the couple
- Death of one of the members of the couple
Dissolution of the civil union by mutual agreement or unilateral decision is effected through a filing with the appropriate Civil Registry Office.