17 de November, 2025
In Portugal, the de facto union – called União de Facto and often compared to a U.S. domestic partnership — is a legally recognized relationship between two people who live together as a couple without being married. Although it does not carry all the same legal effects as a civil marriage or a Common-Law Marriage, it is valid for several important situations — including residence permits, family reunification, and even Portuguese citizenship applications.
For foreign nationals, including Americans, understanding how união de facto works — and how it compares to domestic partnership rules in the U.S. — is essential for navigating Portugal’s legal and immigration processes.
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Under Portuguese Law (Law n.º 7/2001), a união de facto is defined as a stable relationship between two people — whether same-sex or opposite-sex — who have lived together for at least two years in a relationship comparable to marriage.
To be recognized, the couple must present evidence of cohabitation, shared responsibilities, and economic or emotional ties similar to those of married couples.
The difference here lies in the formal bond: marriage is a legal act registered in the civil registry, whereas a de facto union depends on proof of cohabitation for its recognition. Despite this, a couple in a de facto union can enjoy several rights similar to those of married couples. This includes tax benefits, inheritance rights (in some situations), and the right to family reunification in Portugal.
To an American audience, the Portuguese União de Facto differs fundamentally from the Common-Law Marriage (CLM) recognized in certain U.S. states:
In the U.S. (in states that recognize it), a Common-Law Marriage is established by the mutual intent of the couple to be married and their public representation as a married couple. Once established, it is a legal marriage that can be easily formalized, often through a simple declaration or registration, and provides all the same rights as a ceremonial marriage.
In Portugal, the União de Facto is not a form of marriage. Its recognition requires a minimum term of two years of continuous cohabitation and is established primarily through documentary evidence (see below) proving the stability and shared life of the relationship.
Americans who have a domestic partnership may use it as part of the evidence for recognition of união de facto in Portugal if the relationship is at least two years old and supported by strong documentation.
In other words, someone who has a domestic partnership in the United States can be recognized as being in a de facto union in Portugal, provided that the relationship meets the Portuguese criteria—a minimum cohabitation of two years, proven common life, and the absence of matrimonial impediments.
For foreigners, a domestic partnership (de facto union) with a Portuguese citizen or with a holder of a residence permit can open doors to apply for a residence permit through family reunification, provided they can prove the existence of this union.
In the case of Family Reunification, whether via the D6 Visa or the Family Accompanying Visa, the judicial recognition of the foreign stable union must be translated (if applicable) and also carry the Hague Apostille.
Those who do not have their stable union officially registered at a notary office (cartório) can apply for the equating of the de facto union in Portugal. They simply need to present, at the time of the application, some of the supporting american documents listed below.
Proof of a domestic partnership (união de facto) can be provided in several ways.
Among the most accepted documents are:
Furthermore, it is necessary to present recent birth certificates, which must state the marital status, to prove that both parties are single or divorced.
These documents are required by Portuguese authorities such as AIMA (Agency for Integration, Migration and Asylum) and can also be used for tax, social security, and healthcare purposes.
Just like marriage, a domestic partnership with a Portuguese citizen can also grant the right to apply for Portuguese citizenship, but with more specific requirements.
The foreign partner may request nationality once the domestic partnership is judicially recognized in Portugal.
This means that, besides proving the relationship, the couple must initiate a judicial process to confirm the partnership before applying for citizenship.
The administrative cost of the recognition procedure is €306.
In addition, the applicant must meet the minimum duration requirements established by Portuguese nationality law:
Learn more: Portuguese Citizenship by Marriage: Requirements and Documents
The de facto union in Portugal is a legitimate and recognized alternative for couples who live together without formal marriage, including within the context of citizenship and residence processes.
If you are married or live in a de facto union with a Portuguese citizen, get in touch with the consultants at Atlantic Bridge. We help prove your bond and guide you through the entire Portuguese residence or citizenship process, in a secure and personalized manner.
Author:
Silvia Resende
