Recognizing Your Partnership: An Expert Guide to Unión de Hecho for Expats in Ecuador

For expatriates building a life in Ecuador, a long-term, committed relationship is often the cornerstone of their new home. While formal marriage isn't for everyone, Ecuador provides a powerful legal framework to recognize these partnerships through the Unión de Hecho (de facto union or common-law marriage). Understanding this status is not optional—it is critical for immigration, residency, and securing your legal rights in the country.

As an editor with hands-on experience in Ecuadorian immigration law, I see expats make preventable mistakes in this area daily. This guide provides the authoritative, nuanced information needed to navigate the process correctly, particularly for those seeking residency. Generic advice won't suffice when your legal status is on the line.

What is a Unión de Hecho in Ecuador? A Legal Definition

A Unión de Hecho is far more than an informal agreement to live together. It is a legally binding status that confers rights and obligations similar to marriage. The primary legal authority comes from two key sources:

1. The Constitution of the Republic of Ecuador (2008): Artículo 68 explicitly states that a stable and monogamous union between two persons, free of matrimonial bond, who form a de facto household, for the period and under the conditions and circumstances indicated by law, shall generate the same rights and obligations as those of families constituted by marriage.
2. The Ecuadorian Civil Code (Código Civil): Artículo 222 defines the union as being "stable and monogamous." Historically, the text specified "a man and a woman," but landmark decisions by Ecuador's Constitutional Court have affirmed these rights for same-sex couples, aligning the application of the law with constitutional principles of equality.

Hyper-Specific Detail #1: The Two-Year Rule and Its Critical Exception. The law generally requires proof of at least two years of continuous, stable cohabitation. However, a crucial detail many overlook is that this two-year requirement is waived if the couple has a child in common. The birth of a child immediately allows the parents to register their Unión de Hecho, regardless of how long they have lived together.

Key legal characteristics include:

• Stability and Monogamy: The relationship must be enduring and exclusive. Neither partner can be legally married to another person.
• Cohabitation: The couple must share a home and life.
• Legal Capacity: Both individuals must be of legal age and free from any marital impediment.

Why a Formal Unión de Hecho is Non-Negotiable for Expats

For an expatriate, a legally registered Unión de Hecho is a golden key for immigration. Under the Ley Orgánica de Movilidad Humana (Organic Law of Human Mobility), it serves as the legal basis for family reunification, or amparo.

Here’s how it directly impacts your status:

• Residency Visa (Amparo): The most significant benefit is eligibility for a Temporary Residency Visa for Amparo. If your partner is an Ecuadorian citizen or a legal permanent resident, your registered Unión de Hecho allows you to apply for residency as their dependent. This is one of the most stable and common pathways to legal residency.
• Pathway to Permanent Residency and Citizenship: A temporary residency visa obtained through an Unión de Hecho is a direct step on the path to permanent residency (after 21 months) and, eventually, eligibility for naturalization.
• Property and Inheritance Rights: The union establishes a "sociedad de bienes," similar to a marital estate, granting both partners equal rights to assets acquired during the union. It also secures inheritance rights.

How to Register Your Unión de Hecho: The Definitive Process

There are two methods to formalize your union: through a public notary (Notaría) or directly at the Civil Registry (Registro Civil). For immigration purposes, registration at the Registro Civil is the standard and most widely accepted method.

Step 1: Gather Your Dossier of Documents

Meticulous preparation is everything. Missing or incorrect paperwork is the primary cause of rejection.

• Valid Identification: Passports for both partners. If one partner is Ecuadorian, their Cédula de Identidad is mandatory.
• Birth Certificates: Original, long-form birth certificates. For foreign documents, they must be apostilled or legalized in their country of origin and then translated into Spanish in Ecuador by a court-certified translator (traductor jurado).
• Certificate of Civil Status (Certificado de Soltería): This is a critical point of failure. Both partners must provide an official certificate proving they are single and legally free to enter the union.
  • For Expats: This document must be obtained from your home country, apostilled, and translated.
  • For Ecuadorians: This is obtained directly from the Registro Civil.
• Proof of Cohabitation (for at least two years, unless a child is involved): Do not underestimate the level of proof required. Provide a comprehensive file including:
  • Joint lease agreements or property deeds.
  • Utility bills (electricity, water, internet) in both names.
  • Joint bank account statements.
  • Sworn affidavits (Declaraciones Juramentadas) from at least two witnesses who can attest to your relationship.
• Hyper-Specific Detail #2: The Unwritten Witness Rule in Cuenca. While the law may just say "witnesses," experience at the main Registro Civil office on Avenida México in Cuenca shows that officials strongly prefer, and sometimes unofficially require, that your two witnesses be Ecuadorian citizens with their cédulas. Arriving with expatriate witnesses can create unnecessary complications and delays. Plan accordingly.

Step 2: The Notarized Declaration

Before going to the Registro Civil, you and your partner must go to a Notaría to draft a Declaración Juramentada de Unión de Hecho. In this sworn statement, you will declare under oath that you meet all legal requirements (cohabitation period, monogamous relationship, etc.). This notarized document is a mandatory part of your file.

Step 3: Registration at the Registro Civil

With your complete dossier, you must request an appointment (turno) at your local Registro Civil office. You will submit your application and all supporting documents.

• Hyper-Specific Detail #3: The Cost. The official government fee for registering the Unión de Hecho at the Registro Civil is currently $50 USD. This does not include associated costs like notary fees for the sworn declaration (approx. $20-$40), apostilles, or certified translations, which can add several hundred dollars to the total.

Upon approval, you will be issued an Acta de Inscripción de Unión de Hecho. This official certificate is the legal proof of your union and the core document required for your residency visa application.

Common Expat Pitfalls to Avoid

• "Apostille Amnesia": Forgetting to get a document apostilled in your home country before you travel to Ecuador is a costly and time-consuming mistake. It cannot be done from within Ecuador.
• Expired Documents: Many official documents, particularly background checks and certificates of civil status, have a limited validity period (often 90-180 days). Ensure your documents are recent when you begin the process.
• Poor Translations: Using an uncertified translator will result in an immediate rejection. You must use an official, court-certified translator in Ecuador.
• Underestimating Proof of Cohabitation: Simply stating you live together is insufficient. The more overlapping evidence you can provide (bills, leases, bank statements spanning the required period), the stronger your case.

⚠️ Legal Alert: When to Stop and Consult an Attorney

While an experienced facilitator can handle a straightforward registration, you must consult a qualified Ecuadorian attorney if:

• There are legal complexities: Such as a previous divorce that wasn't finalized or recognized in Ecuador, or if one partner is a citizen of a country that does not recognize de facto unions.
• Your immigration status is irregular: You have overstayed your visa or are facing a deportation order. An Unión de Hecho does not automatically cure an illegal stay.
• Your application is rejected: An attorney can help you understand the legal basis for the rejection and file a formal appeal (recurso de apelación).
• You need to draft a pre-nuptial or cohabitation agreement: To manage assets separately, which is permitted under Ecuadorian law but requires a formal capitulación matrimonial o de unión de hecho.

Conclusion: Build Your Future on Solid Legal Ground

Formalizing your Unión de Hecho is not a mere bureaucratic step; it is the act of securing your legal foundation in Ecuador. It protects your rights as a couple and unlocks the door to stable, long-term residency. By understanding the specific legal requirements, preparing your documentation meticulously, and anticipating common hurdles, you can navigate this process successfully.