We explain what concubinage is, its history, effects and characteristics. Also, frequently asked questions on the topic.
What is concubinage?
The concubinage It is a type of marital union different from marriage but which provides its members with many of the rights enshrined in the law for the protection of family units. Just as the spouses are the ones who make up a marriage, cohabitation It is made up of two concubines.
Since ancient times there have been more or less strict rules that regulate marriage, whether religious, cultural, social or legal. Consequently, concubinage arises as an alternative for those who cannot or do not wish to get married but they lead a life together in cohabitation and wish to legally formalize their union before the Law.
This type of union is free, voluntary and responds to the rights and duties that the local legal system consecrates to it. For example, in some countries same-sex concubinage is legal, while in others it is not.
Concubinage has been a common figure in history. In fact, many monarchs and leaders had both a wife and one or more concubines, depending on the cultural, religious, and legal tradition of their nation. In modern times, however, it has become a legal figure accessible to anyone.
Concubinage in Ancient Rome
The word concubinage comes from Latin concubinuswhich was the term in Ancient Rome for those young men chosen as lovers by their master, although it was also possible that it was a concubine, that is, a woman.
In principle, concubines were not too different from wives, except in their name and in the “dignity” of their union, since they were usually young commoners or of a social status that prevented them from accessing marriage.
On the other hand, They did not enjoy the material advantages of their relationship, and their children were not legitimate descendants of the nobleman who fathered them, but were “natural children”, who could aspire at most to inherit one sixth of their father's property. Even so, Roman law prevented having several concubines at the same time, as well as several wives.
Characteristics of concubinage
Any concubinage is characterized by being:
- Volunteer. No one can force anyone to formalize a concubinage, just as they cannot force anyone to marry against their will. This is a desired link.
- Singular. The two subjects who form a cohabitation can do so exclusively, that is, only if it is the only cohabitation they have, just like marriage. You cannot have several concubines or concubines at the same time.
- Permanent. Concubinages are long-lasting and stable unions, not temporary and ephemeral. You cannot formalize a relationship that no longer exists, obviously.
- Notorious. Concubinage is not a secret union, nor is it a figure to hide adultery, but it is a notorious bond, that is, formal, evident, from the rest of society.
- Requires cohabitation. Cohabitants must live together, with all that this implies. Those who do not share a home are not concubines.
The rest of the characteristics or requirements vary according to the legislation that governs the case, depending on the country and its legal system.
Effects of concubinage
The effects of concubinage are determined by law, so they depend primarily on the applicable legal order. Even so, they are usually quite similar to those of marriage, providing certain conjugal rights to cohabitants, although it does not generally have the same type of full recognition of marriage for certain legal matters.
In general terms, cohabitants enjoy:
- Formalization of the link. Concubinages are real legal unions, which allow cohabitants to share health insurance policies, and which protect both parties in the event of separation in the distribution of properties obtained through mutual effort.
- Allows affiliation. Children of cohabitants are protected by the same paternity law as children of married couples, and may also inherit property and receive the paternal surname, with full validity of filial rights, such as alimony from the other parent in the event that the concubinage is broken.
- Family regulation. The family resulting from a cohabitation is considered legally equal to the family of a marriage, and they enjoy the same rights and duties towards the family unit.
Frequently asked questions about concubinage
Some of the most frequently asked questions regarding cohabitation are:
- How long does a union require to be a common law marriage?
It depends on the legislation, but usually a limit of two years of full, notorious and singular cohabitation is established to begin a cohabitation relationship.
- Can concubinage be broken?
Of course, at the will of the parties (or only one of them). In that sense, concubinage is a freer bond than marriage, since it does not require a divorce.
- What happens if a concubinage breaks up?
As in other types of union, the economically less favored partner can negotiate with the other, through legal intermediation, an equitable distribution of assets, a temporary pension for financial aid (especially if he or she has children), a visitation regime for children and other similar rights. All of this must be supported by law.
- How can I formalize a cohabitation?
The law of each country contemplates (or not) the possibility of formalizing a cohabitation and its terms, as well as the specific duties, rights and benefits that each cohabitant will enjoy.
Continue with: Blended Family
References
- “Concubinage” in Wikipedia.
- “Concubinage” in Legal Encyclopedia.
- “Rights and obligations of concubinage” in Judicial Time.
- “What is concubinage?” at MisAbogados.com.
