What is the Concubinage?
He Concubinage is a legal figure of the Family right and is normally defined as:
"The union of two people, a man and a woman, without impediments to a marriage, who live together as married, for two years, before if they have procreated a child in common."
This legal fact is not commonly carried out before the Civil Registry Judge, but despite that, the Law provides us with a way to protect the rights of the members of the relationship and their children.
In this legal figure, the Concubine is the Woman and the Concubine or Concubine is the Man.
What Rights and Obligations does the Concubine have?
The Concubinage also creates the legal effects related to maintenance and inheritance obligations at the time. Not to mention the others that the Law recognizes.
In cases where the relationship and coexistence ends, the right to a maintenance is protected for those who do not have or lack sufficient income or assets to live.
The above may be for a time equal to or less than the coexistence between the concubine and the concubine..
In this case, the Law establishes as the time limit to sue within the year following the end of the concubinage, the convincing and / or relationship.
What are the elements of the Concubinage?
This Institution of law that exists alternately to marriage, is legally recognized and the Judicial Power has referred its constituent elements:
- Unit; it means that they can only be created between a man and a woman individually.
- Consent; It is the manifestation of the will to live together as a couple, under the same roof.
- Permanence; which translates to the minimum time of two years of living together, only in case of not having children.
- Cohabitation; This implies common life in a public way, as if they were married spouses.
- Common Direction; It is the domicile in which the social and interpersonal relationships of the concubine and the concubine are developed.
Does the Homosexual Concubinage exist?
These days the law recognizes the existence of other types of unions, either between people of the same or different sex.
- The Homosexual Union
- The Coexistence Society
This factual situation is understood and defined as:
"The stable union of coexistence between people of the same sex who are not united by marriage."
Although at present, there has been a trend among Western countries for recognition of gay marriage to take place.
All this depending on the cultural, social, political and historical reality of each country, the possibility that they are recognized and regulated or unknown and censored.
In most countries and in Mexico (in Mexico City and Coahuila) the recognition of the homosexual union is conditioned to its registration.
Therefore, from this act, the legal recognition of the beginning of their life together is generated.
How to verify the concubinage or recognize it?
The following requirements are commonly observed for concubines and concubines in the laws of this country:
- Birth Certificate of the appearing parties (copy).
- Official identification of the appearing parties (copy).
- Proof of Non-Existence of Marriage.
- Birth certificates of the children in case of having them.
- Proof of address of the appearing parties.
- Two witnesses who are not family members.
A written request must be submitted to the corresponding administrative authority specifying how long they have been with each other and whether they have had children.
How to Separate or End the Concubinage?
The Concubine and the Concubine can dissolve the union in different ways:
- The couple's will agreement.
- The unilateral Will of one of the members of the couple.
- The separation of more than a year.
- The marriage of one of the members of the couple.
In this situation, both the concubine and the concubine are obliged to give each other alimony, provided that there is one of the following cases:
- When someone has diminished his patrimony or assets for the support of the home and the family.
- That one of them has dedicated to the care of the home.
What about the Alimony of the children in the Concubinage?
When there are minors who have been the fruit of concubinage, the rights of children and adolescents to receive food from their relatives will always be guaranteed by Mexican law.
These are the most important aspects that alimony should include:
- Food, considering meals at home and away from home
- The dressing, including uniforms, casual wear.
- The House, taking into account the lifestyle.
- The education, according to your current academic level.
- Health, in the cases of treatments and medicines.
What legal effects does the Concubinage have?
Family Law recognizes the following rights that arise as a legal consequence of cohabitation:
- Food Rights, which correspond to both in the cases that the Law marks.
- Succession Rights, in the event of death and the concubinage is recognized.
- Social Security Rights, for employees' dependents.
- Protection Rights, in order to avoid family violence.
Should ex-partners feed each other?
There are family laws of some States of the Republic that provide for the cases in which a former partner may be entitled to receive a pension for the same time that the partner lasts.
In these situations it is a requirement that one of the two has dedicated himself to housework on a daily basis, and that he does not contract marriage or another concubine.
Can a common-law partner be a beneficiary of the Institute of Social Security and Services for State Workers (ISSTE)?
The couple that proves the free union before this institute also has the right to the medical services they offer and these are the requirements to register:
- Valid Official Identification
- Birth Certificate of the Concubine or Concubinarian
- curp of the Concubinary
- Witness information confirming 5 years of union
The registration of your concubine or common-law partner is free and is done in person at the Affiliation and Economic Benefits Departments of the Family Medicine Clinics.
You can also register online from the button below that takes you to the official site of the ISSTE:
Can a common-law partner be a beneficiary of the Instituto Mexicano del Seguro Social (IMSS) ?
The Concubine and the Concubine have the right to the medical service that this institute offers and these are the requirements to register:
- General Data of the Applicants
- CURP (Get it here)
- Valid Official Identification
- Social Security number
- Birth certificate
- Child size photograph
- Proof of address
This registration is completely free and you can do it also online from the button below that takes you to the official site of the IMSS:
What is the Constancy of Concubinage?
It is an official document that proves the existence of the common-law partner since the couple proved that they live together and is issued by a competent administrative authority for the following purposes mainly:
- Succession Rights
- Prison Visits
- Food Rights
- Social security allowances
- Social security services
- Disposition of Cadaver
- Disposal of organs of the deceased
Can my sister give me parental authority over my niece?
We are often asked this question in family counseling and for us it is important to differentiate two points:
The First, you can start the process to obtain custody of your relative and also the adoption if you wish.
Second, the Parental Authority is a legal figure that only a Family Judge can limit or suspend.
We can gladly help you with the process, if you have any questions, contact us to help you solve them.