A couple’s cohabitation (factual relationship) may be considered to constitute a family. If you form a close personal relationship with your partner of the opposite sex, which is based on mutual emotional, economic and other attachment, this relationship may be legally recognized as a cohabitation (zunajzakonska skupnost) and bear social, personal and legal consequences.
A cohabitation is defined as a long-term life union of a man and a woman who have not been married, and there are no reasons why a marriage between them should be invalid.
As opposed to many other countries, in Slovenia the rights and benefits of cohabiting partners are the same as those of married couples. 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.
Existence of a cohabitation between two people may be determined in a procedure for establishing said rights or obligations. A decision on this issue has legal effect only in the matter in which the issue has been decided upon.
example If you would like to adopt a child with your partner, the existence of a cohabitation between you and your partner will be determined in the adoption procedure. The decision by the relevant authority, that your relationship forms a cohabitation, will not bear consequence in other proceedings. It will have to be determined again.
Health care
As the closest person to your partner under the law, you have the right to make decisions on his/her behalf about significant issues regarding his/her health care in situations where your partner is not able to do so. Such decisions cover the acceptance or rejection of medical treatment in general or of specific medical methods which can have, for example, considerable side effects.
Your right to decide on such matters is significant, as it affects your partner’s health and life as well, to a considerable extent. However, you must observe your partner’s previously expressed wishes regarding his/her medical treatment.
Inheritance
You may inherit your partner’s property on the basis of Inheritance Act, even if there is no last will.
Further, you are entitled to a reserved portion (forced heirship) of your partner’s inheritance, even if your partner has decided in the last will to leave his/her property to other persons. You also have the right to challenge the terms of the last will, even if you are not included in it.
Adoption
As a cohabiting couple, you and your partner have the privilege to adopt a child jointly and thus establish a legally recognized family relationship between you as adoptive parents and an adopted child.
Social benefits
You may receive a sum from your partner’s state pension which had been calculated but not disbursed at the time of his/her death. You may also obtain the specific allowance for persons whose partner has passed away (posmrtnina), as well as a funeral allowance in case you cover the costs of your partner’s funeral (pogrebnina).
Tax relief
Partners are entitled to certain tax relief. If your partner is not employed and does not receive a pension, you are entitled to personal income tax relief for his/her maintenance. You also don’t have to pay personal income tax for gifts received from your partner.
Right not to testify against your cohabiting partner
You have the right not to testify against your partner in court proceedings. These proceedings include pre-trial proceedings in criminal procedures, as well as court proceedings in criminal and minor offences procedures. As a witness in civil and administrative court procedures you have the right to decline an answer to an individual question in case your answer could cause criminal prosecution of your partner.