The legal framework
The Código Civil y Comercial (Civil and Commercial Code) of 2015 (articles 509 to 528) governs the unión convivencial: two adults, free of impediments, who live together publicly, openly, stably and permanently for at least two years. Registration in the register of cohabiting unions, kept by the Registro Civil (Civil Registry), is optional: it serves as proof and makes the partners' agreements enforceable against third parties. During the union the partners owe each other assistance, contribute to household expenses and are jointly liable for household debts, and the family home is protected — if the union is registered, it cannot be sold without the other partner's consent. When the union ends, the partner left in economic imbalance may claim a compensación económica (compensation payment) within six months, the home may be allocated to one partner for up to two years, and after a death the survivor has a free right to live in the home for two years; there is no inheritance right, and no community of property unless a cohabitation agreement provides for one.
The unión convivencial is not a registered partnership: nobody enters into it by signing anything, it is simply recognised after two years together, and registration is no more than evidence. Many couples in Buenos Aires live this way for years without marrying, and a British or Irish resident who settles with a partner, often after an earlier marriage, falls under the same rules after two years whether or not the couple knows it — with rights that protect daily life together but not the survivor after a death.
A UK civil partnership is not recognised as such in Argentina, which has no registered partnership: partners who have lived together there for two years are convivientes, and the civil partnership certificate, apostilled and translated, can serve as proof of the relationship. Conversely, an Argentine unión convivencial has no legal status in the UK or Ireland, where unmarried cohabitants have few rights — almost none in England and Wales, limited remedies in Scotland and Ireland. For a British-Argentine couple who are not married, a will and a pacto de convivencia are the two instruments that work in both countries; couples who want marital rights in both simply marry, which costs nothing at the Registro Civil.
Key points
| Conditions | Over 18, not related, not married or in another union, two years of living together |
|---|---|
| Registration | Optional, at the Registro Civil; proves the union and makes agreements enforceable against third parties |
| During the union | Assistance, contribution to household expenses, joint liability for household debts, protection of the home (if registered) |
| When it ends | Compensation payment (six months to claim it), allocation of the home for up to two years, division of property according to the agreement or the rules on unjust enrichment |
| After a death | Right to live in the home for two years; no inheritance |
| Cohabitation agreements | In writing: expenses, property, division on separation; cannot override the partners' equality or mutual assistance |
| Survivor's pension | Paid by ANSES to a partner after five years of living together (two if there are children) |
| UK and Irish partners | A UK civil partnership is not recognised as such (the partners are convivientes after two years); an Argentine union is not a legal status in the UK or Ireland |
In practice
- Register the union at the Registro Civil (free in most jurisdictions) with two witnesses: it protects the home and proves the union to ANSES (the national social security administration) and to health insurance funds (obras sociales); a foreign partner registers with a passport and proof of address.
- Sign a pacto de convivencia — in writing, even privately; before a notary (escribano) for greater security — providing for the division of property on separation: without one, each partner keeps what is in his or her name.
- Make a will in favour of your partner within the freely disposable share (one third if you have children): without it, the partner inherits nothing. Assets in the UK are best covered by a UK will, drafted so that neither will revokes the other.
- On separation, claim the compensation payment within six months — the deadline is strict.
- Register your partner with your obra social and with ANSES as a beneficiary; a registered union can also support an application for residence (radicación) as the partner of an Argentine — ask the Dirección Nacional de Migraciones what it accepts.
Cost and coverage
Registration free or for a minimal fee; cohabitation agreement before an escribano 100,000 to 300,000 pesos; a will by public deed (escritura pública) costs about the same. Any UK document produced as evidence, such as a civil partnership certificate, needs an apostille and a sworn translation.
Recent changes
The 2015 Code created the unión convivencial, which did not exist before; case law has since extended the compensation payment and clarified the right to live in the home. Bills to give cohabiting partners inheritance rights have not prospered.
Where to go
- Registro Civil of each jurisdiction: register of cohabiting unions.
- Colegios de escribanos: cohabitation agreements and wills.
- ANSES: survivor's pension for a cohabiting partner; family courts (juzgados de familia): compensation and allocation of the home.
- British Embassy in Buenos Aires: consular assistance and notarial services; Irish citizens: Embassy of Ireland in Buenos Aires.
Worth knowing
The unión convivencial protects life together, not the survivor: without a will, the partner has only two years in the home and nothing more. Without a cohabitation agreement, property belongs to whoever holds the title, even if both paid. And none of it travels: in the UK and Ireland an Argentine union is not a family status, so a couple with assets or plans in both countries should either marry or put a will and an agreement in place.
Frequently asked questions
Is our UK civil partnership worth anything in Argentina?
Not as such: Argentina has no registered partnership. But two partners who have lived together in Argentina for two years are convivientes, with the effects of the unión convivencial; the civil partnership certificate, apostilled and translated, can serve as proof of your life together, and any written agreement you made on property can be relied on as a cohabitation agreement. For full marital rights you can marry in Argentina, where marriage has been open to same-sex couples since 2010.
We have lived together in Buenos Aires for three years: what rights do we have?
You are in a unión convivencial under Argentine law, even without registration: mutual assistance, joint liability for household debts, on separation a compensation payment for the partner left worse off (claimed within six months) and allocation of the home for up to two years, and after a death two years' right to live in the home. No inheritance and no sharing of property: for that you need a will and a cohabitation agreement. Registering at the Registro Civil also prevents the home from being sold without both signatures.
Can my partner stay in our home if I die?
Yes, free of charge for two years, if the home was your common home and belonged to you, provided your partner has no other home and does not marry or form a new union. After that your heirs — children, parents or other relatives — take it back: only a will, within the freely disposable share, or buying the home together protects the survivor for good.
Official sources and links
- Civil and Commercial Code — articles 509-528 (cohabiting unions) — official text
- Civil Registry of the City of Buenos Aires — unión convivencial — registration procedure
- ANSES — survivor's pension — requirements for cohabiting partners
- British Embassy Buenos Aires — consular assistance and notarial services
- argentina.gob.ar — official portal of the Argentine state: procedures, civil registry, migration, health, justice
- Normativa nacional (InfoLeg) — official texts of Argentine laws and decrees
- British Embassy Buenos Aires — gov.uk — consular help, notarial and documentary services for British nationals in Argentina