Keith Mack
Marriage in the Dominican Republic falls into two categories: Civil marriages, where the couple registers their marriage with the government, and Canonical marriages, which are performed by a Roman Catholic priest. While the law prohibits same-sex marriages and marriages for persons under 18, common-law marriages do not exist in the Dominican Republic. However, a Supreme Court decision in 2001 acknowledged that living together has legal consequences, and a de facto union may be viable if it endures for a certain period.
| Characteristics | Values |
|---|---|
| Common-law marriage | Does not exist in the Dominican Republic |
| Marriage types | Civil or Canonical |
| Civil marriage | Marriage registered with the Dominican government by a government official, usually a Notary Public |
| Canonical marriage | Performed by a Roman Catholic priest, who registers the marriage with the government |
| Marriage age | 18 for both men and women |
| Same-sex marriage | Not permitted |
| Marriage certificate requirements | Original passport with a photocopy of the identification page, Affidavits of marital status, two or more witnesses with valid passports |
| Property rights | Community Property rights are presumed, but couples can choose a different system |
| Community Property | Three types of properties: common property, property owned by the wife, and property owned by the husband |
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What You'll Learn
Common-law marriage does not exist in the Dominican Republic
Common-law marriages do not exist in the Dominican Republic. While there are legal consequences to cohabitation, living together is never considered equivalent to a legal marriage.
Marriage in the Dominican Republic
Marriages in the Dominican Republic generally fall into one of two categories: civil or canonical. Civil marriages are those in which the couple registers their marriage with the government, with the ceremony officiated by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, with the church taking responsibility for registering the marriage with the government. Marriages in other religious denominations are also permitted.
Concubinage
While common-law marriage does not exist in the Dominican Republic, the country's laws do acknowledge concubinage, or de facto unions. Concubinage is defined as the coexistence of a man and a woman who are not united by a lawful marriage, but who live together in a common way based on an emotional relationship.
Rights and Protections
Despite not being legally married, concubines in the Dominican Republic are afforded certain rights and protections. For example, a worker has the right to a few days off work if his concubine gives birth to his child, and domestic violence against a concubine is treated the same as domestic violence against a spouse. In the event of the accidental death of one of the concubines, the surviving companion may have the right to sue for wrongful death under certain conditions, including that the couple lived as if they were husband and wife in a public, stable, long-lasting, monogamous, and non-adulterous relationship.
Property Rights
In terms of property rights, common-law marriage or concubinage does not create any community of property between the concubines. However, if a couple chooses to marry, Dominican law presumes that they enjoy Community Property rights, meaning that all property and earnings acquired during the marriage are considered community assets. Couples may also choose to enter into a different type of agreement, such as Separate Property, provided that it is in writing and approved by a government official.
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Concubinage or de facto unions are not legally recognised
In the Dominican Republic, common-law marriages do not exist. While the concept of concubinage or de facto unions is acknowledged, these are not legally recognised as equivalent to marriage.
Concubinage or de facto unions refer to the coexistence of a man and a woman who are not legally married but live together and share a common domicile. These types of relationships are not considered legally valid and do not create a community of property between the couple. However, Dominican law does acknowledge that living together in a de facto union can have certain legal consequences.
For example, the Labor Code, the Minors Code, and the Criminal Code recognise the legal implications of concubinage. In the event of domestic violence, sexual assault, or abandonment within a de facto union, the law treats these acts as serious infractions, equivalent to those in a legal marriage. Additionally, a worker is entitled to time off work if their concubine gives birth to their child.
While concubinage does not grant the same rights as a legal marriage, a Supreme Court decision in 2001 recognised the rights of a surviving concubine to sue for wrongful death under specific conditions. These conditions include a public, long-lasting, monogamous, and non-adulterous relationship between a man and a woman.
It is important to note that marriages in the Dominican Republic fall into two main categories: civil and canonical. Civil marriages are registered with the government by a government official, usually a Notary Public. Canonical marriages are performed by a Roman Catholic priest, and the church is responsible for registering the marriage with the government.
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Same-sex marriage is illegal
Marriage in the Dominican Republic falls into two categories: "Civil" and "Canonical". "Civil" marriages are those in which the couple themselves register the marriage with the government, with the ceremony officiated by a government official. "Canonical" marriages are those performed by a Roman Catholic priest, with the church responsible for registering the marriage with the government. Marriages in religious denominations other than Roman Catholicism are also permitted.
However, same-sex marriage is illegal in the Dominican Republic. While there is no explicit mention of same-sex marriage in Dominican law, churches are responsible for determining the legal qualification of couples, and same-sex marriages are prohibited. This means that same-sex couples cannot legally marry in the country, regardless of their religious denomination.
The Dominican Republic's Civil Code also contains discriminatory provisions. Article 144 allows girls as young as 15 years old to marry while prohibiting marriage for men under 18, which reinforces gender inequality and perpetuates the objectification of young girls. Despite Article 39(4) of the Constitution stating that "women and men are equal before the law", these contradictory and regressive laws remain in place.
While common-law marriages do not exist in the Dominican Republic, the country's laws do acknowledge the legal consequences of cohabitation. The Supreme Court's 2001 ruling granted a surviving partner in a de facto union the right to sue for wrongful death under specific conditions, including a public, stable, long-lasting, and monogamous relationship between a man and a woman. This ruling highlights the complex nature of relationship recognition in the country, where same-sex couples are denied the right to marry, and common-law marriages are not legally recognised.
To summarise, same-sex marriage is illegal in the Dominican Republic due to the combination of religious authority in marriage qualification and the absence of legal recognition for same-sex unions. The country's Civil Code perpetuates gender inequality by allowing early marriages for girls, and common-law marriages, while not legally recognised, are acknowledged in certain contexts, such as property division and domestic violence cases.
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Marriage is forbidden for men under 18 and women under 15
Marriage laws in the Dominican Republic are outlined in the country's Civil Code. Article 144 of this code stipulates that "marriage is forbidden for men younger than 18 years old or women under 15 years of age". This means that while boys under 18 are protected from entering into marriage, girls as young as 15 can be married off. This discrepancy in the legal minimum age for marriage between males and females is a concern for advocates of gender equality.
The Civil Code also addresses the topic of concubinage, or de facto unions, which are relationships between a man and a woman who are not legally married according to the laws of the country. While common-law marriages do not exist in the Dominican Republic, and living together is never legally equivalent to a formal marriage, certain provisions in the Labor Code, the Minors Code, and the Criminal Code do acknowledge that cohabitation has legal consequences. For instance, a worker is entitled to a few days off work if his concubine gives birth to his child, and domestic violence against a concubine is treated the same as spousal abuse.
In a landmark ruling on October 17, 2001, the Supreme Court of Justice of the Dominican Republic recognised the rights of concubines in a case involving Mrs. Fidelina María Suazo. The court's decision allowed a surviving concubine to sue for the wrongful death of her companion in a car accident, provided certain conditions were met: the couple must have lived as if they were married in a public, stable, long-lasting, and monogamous relationship. This ruling emphasised the distinction between marriage and extra-matrimonial companionship, highlighting that they are not equivalent.
Despite this ruling, it is important to note that concubinage or common-law relationships do not have the same legal status as lawful marriages. Dominican Jurisdiction maintains that these unions do not create a community of property between the concubines, and any division of property is based on the contributions of each individual. While there have been efforts to introduce legislation recognising common-law marriages, strong opposition from the Catholic Church has hindered their progress.
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Couples can choose their property rights system
In the Dominican Republic, common-law marriages do not exist. However, Dominican law does acknowledge that living together has legal consequences. For example, a worker has the right to a few days off work if their concubine gives birth to their child, and domestic violence against a concubine is treated the same as domestic violence against a spouse.
While common-law marriages are not recognised, de facto unions are. According to Dominican law, a de facto union is based on the coexistence of two people—a man and a woman—who are not united by a lawful marriage. This union must be based on an emotional relationship that is stable, permanent, monogamous, non-adulterous, and long-lasting.
In terms of property rights, Dominican law presumes that married couples enjoy Community Property rights. However, couples can choose to enter into a different type of agreement, such as Separate Property. They may also amend any of the outlined systems or create their own, as long as the final agreement aligns with Dominican legal principles. When opting for a system other than Community Property, couples must put their decision in writing and have it approved by a Dominican government official.
Community Property rights include three types of properties: common property, property owned by one spouse, and property owned by the other spouse. On the other hand, Separate Property rights allow each spouse to retain ownership of their own earnings and any property acquired during the marriage.
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Frequently asked questions
Common-law marriages do not exist in the Dominican Republic. However, a Supreme Court decision in 2001 acknowledged that living together has legal consequences.
A worker has the right to a few days off work if his concubine gives birth to his child. Domestic violence against a concubine is treated the same as domestic violence against a wife.
The couple must have lived as if they were husband and wife in a public, stable, long-lasting, monogamous, and non-adulterous relationship. The couple should also be of different sexes.
By default, married couples in the Dominican Republic enjoy Community Property rights, meaning that all assets and liabilities are shared. However, couples may choose to enter into a different type of agreement, such as Separate Property.
Marriages in the Dominican Republic are either "Civil" or "Canonical". "Civil" marriages are registered with the government and officiated by a government official, while "Canonical" marriages are performed by a Roman Catholic priest and registered with the government by the church.
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