Civil union
As a same-sex couple you may enter a civil union with your partner. A civil union establishes a legal relationship between two women or two men and creates different rights and obligations for the partners. Thus, if you choose to enter into such a relationship, your civil union will have social, personal and legal consequences.
Remember that your right to form a legally recognized union with your partner is a genuine human right and, therefore, the state should not create obstacles against your freely exercising that right. However, the state is allowed to impose certain restrictions, which are designed to protect important and legitimate interests.
For conclusion and dissolution of a civil union, rights and obligations of partners and all other aspects of a civil union, the requirements and restrictions are mutatis mutandis the same as that of a marriage.
important On 16 June 2022, the Constitutional Court found that such a regime, where only two persons of different sexes can enter into marriage and where same-sex partners living in a formal partnership cannot adopt a child together, discriminates against same-sex couples. It gave the legislator a six-month deadline to abolish the unconstitutional regulation. It further ruled that, until the unconstitutionality is remedied, the following shall be deemed to apply:
-
marriage is a living union between two persons, irrespective of sex, and
-
same-sex partners living in a civil partnership may jointly adopt a child under the same conditions as spouses.
Non-formal civil union
A same-sex couple’s cohabitation (factual relationship) may also be a legally recognized partnership. If you form a close personal relationship with your partner, which is based on mutual emotional, economic and other attachment, this relationship may be legally recognized as a non-formal civil union (nesklenjena partnerska zveza) and bear social, personal and legal consequences.
A non-formal civil union is defined as a long-term life union of a same-sex couple who have not entered a civil union, and there are no reasons why a civil union between them should be invalid.
The rights and benefits of same-sex partners in a non-formal civil union are the same as those of couples in a civil union. These benefits relate primarily to inheritance rights, health care, social benefits, adoption of a child, tax relief and the right not to testify against the partner in various proceedings.
For the formation of a non-formal civil union, the requirements and restrictions are mutatis mutandis the same as that of a cohabitation.