What do the people of Mendoza choose: marriage or coexistence union?

The modification of the Civil and Commercial Code of the Nation (CCyCN), in 2015, recognized and granted rights and obligations to couples who live together without being married.

Duties and rights in the convivial union

The convivial union is a union based on affective relationships singular, public, notorious, stable and permanent character of two people who live together and share a life project common, are of the same or different sex.

They are registered in the Civil Registry as well as the agreements that its members have entered into and their termination. It is worth clarifying that the coexistence agreement can be made through a simple writing and does not require a public deed for its realization.

The economic relations between the members of the union are governed by what is stipulated in the coexistence pact. In the absence of an agreement, each member of the union freely exercises the powers of administration and disposition of the assets of their ownership, with the restriction regulated in this title for the protection of the family home and the essential furniture found in it.

Cohabitants must be assisted during the coexistence.

  • Contribution to household expenses. It is mandatory to contribute to household expenses in accordance with the provisions of article 455 of the CCyCN.
  • Protection of the family home. If the cohabiting union has been registered, neither of the cohabitants can, without the consent of the other, dispose of the rights to the family home or its essential furniture, or transport them out of the home. The judge may authorize the disposal of the property if it is dispensable and the family interest is not compromised (article 522 of the CCyCN). The family home cannot be enforced for debts contracted after the registration of the cohabiting union, unless they have been contracted by both partners or by one of them with the consent of the other.

Cohabitants do not inherit each other.

  • There is no presumption of paternity with respect to children born during the union.
  • The registration of the coexistence union accredits the relationship from the date declared by the cohabitants and witnesses towards the future, until it is canceled or the cessation of the same is proven by other means.

Couples who wish to carry out the procedure do not pay any fee and in some cases, such as Greater Mendoza, they must request the appointment via WhatsApp message to the number 261 2094603. For the rest of the departments it is face-to-face.

Requirements for coexistence union

  • You must both be over 18 years of age.
  • Documentation that proves the identity of both people. DNI, if they are Argentine.
  • Have maintained the coexistence for at least two years.
  • If they have entered into a coexistence pact, they must accompany it.
  • Being single, widowed or divorced. Those who are separated in fact cannot register a coexistence union.
  • Two witnesses over 18 with ID.
  • If either of the spouses is a widower, they must present a copy of the updated marriage and death certificate of their spouse.
  • If any of the contracting parties is divorced, they must present a copy of the previous marriage certificate, with the marginal registration of the divorce decree.
  • They must not be linked by ties of kinship in a straight line or collateral up to the second degree.
  • They should not be linked by kinship ties by affinity in a straight line.

Cessation of the convivial union

The CCyCN, in article 523, exhaustively provides for the different assumptions that give rise to the cessation of the coexistence union:

  • Death or absence with presumption of death.
  • Marriage or new union of one of its members.
  • Marriage of the cohabitants.
  • By mutual agreement, filing jointly at the Civil Registry requesting dismissal.
  • By unilateral will of one of the cohabitants, reliably notified to the other. To this end, a letter document from one of the partners to the other must be presented at the Civil Registry, informing the cessation of the cohabitation or proof made by a notary public.
  • For the cessation of the coexistence maintained. The interruption of coexistence does not imply its termination if it is due to work or other similar reasons, as long as the will to live in common remains.

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Marriage

Marriage is the union of two people before the law, who undertake to develop a project of life in common based on cooperation, coexistence and the moral duty of fidelity. It is held before a public official of the Civil Registry and is recorded in a minute, which certifies the accomplishment.

Documentation to be submitted:

  • Birth certificate of both parties certified and updated in advance, no more than six months. As long as they are Argentine.
  • Documentation that proves the identity of both parties (if they have them). DNI, if they are Argentine.
  • Documentation that proves the identity of the witnesses. DNI, if they are Argentine.
  • If they are divorced or widowed, they must accompany the corresponding items: marriage certificate with the marginal divorce or marriage certificate and death certificate of the other spouse.
  • If they have entered into a marriage convention, they must present it only in order for the corresponding data to be recorded (date, deed number, name of the notary public and Notarial Registry). Taking these data, the marriage agreement will remain in the possession of the applicants.

They cannot marry:

  • Relatives in a straight line in all grades, whatever the origin of the bond (grandparents, parents, grandchildren, etc.).
  • Bilateral and unilateral siblings, whatever the origin of the bond.
  • Kin relatives in a straight line in all grades. For example, former father-in-law and daughter-in-law or son-in-law.
  • The previous marriage, as long as it subsists until the divorce decree is registered.
  • Having been convicted as the author, accomplice or instigator of the intentional homicide of one of the spouses.
  • Be under 18 years of age. People who are more than 16 years old can marry with the authorization of their legal representatives, and those who are less than 16 years old only by judicial dispensation.
  • The permanent or temporary lack of mental health that prevents you from having discernment for the marriage act (only with judicial dispensation).

Turn to marry

It must be requested at the sectional office where the marriage will take place with an anticipation of 30 calendar days.

For Greater Mendoza, you must send a WhatsApp message to 261 2094603. At the Valle de Uco, Lavalle and Este offices: face-to-face. And in the South, it can be in person or by mail to:

The celebration of the marriage carried out in the sectional office and the issuance of the first marriage testimony are completely free. However, if the contracting parties decide to marry in a different office than the one corresponding to the domicile of one of them, they must present two additional witnesses and pay two codes 239.

Mobile marriage

In the event that the contracting parties want the marriage to take place outside the office, they must request the mobile marriage service, which also involves the cost of transferring the public official.

According to the area of ​​residence, the communication routes are the following:

  • Greater Mendoza: Government House, Single Window, Ground Floor, West Wing. Or WhatsApp: 261 2094603.
  • East Zone: Pueyrredón 58, San Martín or message to WhatsApp 261 5974519.
  • San Rafael: Miter Avenue 11.
  • General Alvear: Av. Alvear Oeste 540.
  • Malargüe: San Martín 258.
  • Valle de Uco: San Martín 1900, Centro Cívico de Tunuyán or WhatsApp message at 262 2571859.

It is important to note that the marriage celebrations in the Civil Registry offices are covered by the health protocols of COVID-19, use of face masks and social distancing.

Source: Mendoza Government Press

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