COEXISTENCE CONTRACTS IN STABLE UNIONS

Abstract

The 2002 Civil Code expressly included provisions for the possibility of cohabitants in a stable union to agree on the patrimonial consequences of the relationship, more specifically regarding the applicable property regime, through a written contract, the so-called cohabitation agreement. This study aims to analyze the importance of the cohabitation agreement in a stable union as an instrument of legal security, regulating the patrimonial and personal aspects of the relationship. It was based on a literature review of scientific articles, books, periodicals, and current legislation on the respective topic. Data collection was conducted through databases such as Scielo, Google Scholar, among others, from 2020 to 2025. The results clearly indicate that many couples living in a stable union do not formalize their relationship, which can lead to legal disputes in the event of separation or the death of one of the partners. The absence of a contract can result in financial insecurity, difficulties in recognizing social security rights, and a lack of clarity regarding the division of assets acquired during cohabitation. Therefore, it was understood that the cohabitation contract in a common-law marriage is an essential instrument for ensuring transparency and security in romantic relationships. Formalizing it prevents conflicts and ensures the rights of partners, making it essential for it to be more widely disseminated and provide legal guidance to the public.