Gavin Howe
In Panama, common-law marriage has been legally recognized since 1946. However, it does not produce any legal effects unless the couple requests recognition from the authorities, at which point their status changes from single to married. While same-sex marriages are not recognized in Panama, common-law marriages between heterosexual couples can be validated by a final court judgment, evidenced by a marriage certificate or a certified copy of the decree. Marriages in Panama are based on the principle of common property, meaning that all assets acquired during the marriage are considered joint property. This includes any assets, incomes, or inheritances obtained by either spouse during the union. To register a civil marriage in Panama, couples must present original documents such as identity cards and certificates of unmarried status, and establish a matrimonial economic regime outlining the distribution of assets in the event of divorce.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | Yes, since 1946 |
| Same-sex marriage recognized | No |
| Civil marriage recognized | Yes |
| Requirements for civil marriage | Both parties must be of legal age and present identity cards and certificates of unmarried status |
| Registration of civil marriage performed abroad | Mandatory to present the original marriage certificate, which must be authenticated by the Panamanian Consulate or competent authority and then countersigned by the Ministry of Foreign Affairs of Panama |
| Prenuptial agreements | Yes |
| Distribution of assets acquired before and during marriage | Yes |
| Marriages based on the principle of common property | Yes |
| De facto marriage | If cohabiting with someone of the opposite sex in a "conjugal fashion" for more than 5 years, a "de facto" marriage can be claimed but must be declared by a judge |
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What You'll Learn
Common-law marriage recognised since 1946
Common-law marriage has been recognised in Panama since 1946. The State of California recognises as valid a marriage contracted outside of California that would be valid by the law of the place where the couple contracted the marriage. Therefore, California recognises a common-law marriage established under Panamanian law.
To be recognised under Panamanian law, a common-law marriage must be validated by a final court judgement. This can be evidenced by either a certificate of marriage issued by the Civil Registry where the validation decree was recorded or a certified copy of the decree, along with verification by the court clerk that it is a final decree.
In the case of a couple, Gladys and Rene, who began living together as husband and wife in Santa Cruz, Panama, in 1971, their common-law marriage was deemed valid under Panamanian law. This entitled Gladys to divorced spouse benefits based on the years of their marriage.
It is important to note that, in Panama, common-law marriage does not produce any legal effects unless the couple requests recognition of their union before the authorities. This request immediately transforms their status from single to married. Additionally, Panama does not recognise same-sex marriages or civil unions for same-sex couples.
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Civil marriage is the only legally recognised union
While Panama has recognized common-law marriage since 1946, civil marriage is the only legally recognized union in the country. This means that, while common-law marriages may be valid, they do not produce any legal effects unless the couple requests recognition of their union from the authorities, who will then recognize them as married.
To be legally recognized as married in Panama, couples must enter into a civil marriage contract. This requires both parties to be of legal age and to present documents such as identity cards and certificates of unmarried status. The registration of marriages celebrated in Panama can be done in person and does not require a ceremony. For couples who wish to protect their assets prior to marriage, prenuptial agreements can be established to provide legal certainty and clarity for both parties. These agreements outline how assets and property will be divided in the event of a separation or divorce.
When marrying in Panama, it is essential to establish a matrimonial economic regime that defines how the assets of the spouses will be established with respect to each other. There are three main options: the regime of community property, the separation of property regime, and the profit-sharing regime. In the community property regime, all assets acquired during the marriage are considered joint property and will be divided between the spouses in the event of a divorce. Conversely, the separation of property regime allows each spouse to retain sole ownership of all their assets, including those owned before and acquired during the marriage. Similarly, the profit-sharing regime allows each spouse to retain individual ownership and management of their assets and resources.
It is important to note that there are no same-sex marriages or civil union rights for same-sex couples in Panama. Even if a same-sex couple is legally married elsewhere, their marriage cannot be registered in Panama.
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Same-sex marriage not recognised
Same-sex marriage is not recognised in Panama, and same-sex couples are unable to marry in the country. The 1972 constitution defined marriage as a different-sex union, and the 1994 Family Code establishes that people of the same sex cannot marry each other.
In May 2014, the Code of Private International Law was approved, explicitly prohibiting same-sex marriage in Panama and clarifying that the country would not recognise same-sex marriages performed in other countries. The Code specified that "same-sex marriages are strictly prohibited in the country".
In October 2016, a married same-sex couple filed a lawsuit seeking to recognise same-sex marriages performed abroad in Panama. This was followed by another lawsuit in March 2017 against Article 26 of the Panamanian Civil Code, which defines marriage as between a man and a woman. The two lawsuits were united by the Supreme Court in June 2017. Despite the Attorney General issuing a statement in support of same-sex marriage, one Supreme Court judge preliminarily published a draft ruling rejecting the case. In March 2023, the Supreme Court ruled that there is no positive right to same-sex marriage under the Panamanian constitution or law.
The Catholic Church, which holds significant political influence in Panama, opposes same-sex marriage. However, the Inter-American Court of Human Rights ruled in 2018 that same-sex couples are entitled to the same marriage rights as opposite-sex couples, in a binding judgment that applied to all of the court's members, including Panama. Despite this, Panama has yet to recognise same-sex marriages.
While Panama does not recognise same-sex marriage, it does recognise common-law marriage. Common-law marriage has been legally acknowledged in Panama since 1946. For a common-law marriage to be recognised, it must be declared a marriage by a judge if a couple has cohabited a residence or shared a bed with someone of the opposite sex in a "conjugal fashion" for more than five years.
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Common-law marriage recognised in California
California does not recognise common-law marriages as legal marriages under most circumstances. This means that no matter how many years a couple spends living together, they will not have the rights and privileges of a married couple unless they go through the legal marriage process in California.
However, California does recognise common-law marriages that were established in other states or countries that do permit them. For example, Panama has recognised common-law marriage since 1946, and California will recognise a common-law marriage established under Panamanian law. In the case of Gladys and Rene, who had a common-law marriage in Panama, California recognised their marriage as valid and entitled Gladys to divorced spouse benefits.
California also provides some protections for long-term partners who are not legally married. For instance, unmarried couples can establish a domestic partnership, which offers similar benefits to marriage under state law. However, these arrangements are not federally recognised, and unmarried couples must still manually establish paternity, access to medical documents, and tax benefits.
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Common-law marriage must be declared by a judge
Common-law marriage in Panama has been recognised since 1946. However, it is important to note that Panama only legally recognises civil marriages, which are established as a contract that requires both parties to be of legal age and to present documents such as identity cards and certificates of unmarried status.
While common-law marriage is recognised, it does not produce any legal effects unless the couple requests the recognition of their union before the authorities, which will then transform their status from single to married. This means that a common-law marriage must be declared by a judge to be recognised as a legal marriage.
For example, in the case of a claim for divorced spouse benefits, the common-law marriage of the claimant and her partner was recognised under Panamanian law. This was because the couple had lived together as husband and wife, with the mutual understanding that they were in a common-law marriage, even though they could not afford a ceremonial marriage at the time. As their marriage lasted for more than 10 years, it met the duration requirement for divorced spouse benefits.
Another example is the case of a couple who cohabited and shared a bed "in a conjugal fashion" for more than five years. According to Panamanian law, this couple can claim a "de facto" marriage, but it must be declared as such by a judge to be legally recognised as a marriage.
It is worth noting that same-sex marriages or civil unions are not recognised in Panama, and there are no legalised union options for heterosexual couples other than marriage.
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Frequently asked questions
Yes, common-law marriage has been legally recognised in Panama since 1946.
A common-law marriage in Panama is a de facto marriage, which bestows the same legal rights and obligations on the parties as a civil marriage. This means that upon dissolution, each party is legally entitled to half of the property acquired during the marriage, even if the marriage was never civilly registered.
To claim a common-law marriage in Panama, a couple must have cohabited a residence or shared a bed with someone of the opposite sex in a "conjugal fashion" for more than five years. This "marriage" must then be declared by a judge.
Civil marriage in Panama is the only legally recognised form of marriage in the country. To be legally recognised, both parties must be of legal age and present documents such as identity cards and certificates of unmarried status.
