In Mexico, civil marriage — it is a legally recognized cohabitation (concubinato) of two people who live together permanently, openly and uninterruptedly, without official registration of marriage and without legal obstacles to its conclusion.
In Russian, the term «civil marriage» used in two ways. Sometimes this is called an official marriage registered in the registry office, but more often — simple cohabitation without registration. In Mexico these concepts are clearly separated.
- Matrimonio civil — This is a state-registered marriage.
- Concubinato — it is a legally recognized cohabitation where a couple lives together but has not married.
In this publication we are talking specifically about concubinato, which is more correctly translated as «civil union» or «legally recognized cohabitation».
Recognition of a civil union gives couples who do not wish to enter into a traditional marriage the opportunity to enjoy basic rights in the areas of alimony, inheritance and social security. At the same time, the union imposes mutual obligations enshrined in law and provides legal certainty in matters of family, property and social protection.
Recognition requirements
To formalize such a union, proof of cohabitation for a certain period is required. In most states it is two years, in Jalisco — three years. If you have common children, the residence period requirement may not apply.
Evidence of cohabitation
The fact of cohabitation can be confirmed through the registry office, municipal councils or the DIF system. This usually requires: identification cards, proof of address, birth certificates, certificates of marital status, and sometimes witness statements. Registration with these bodies does not create cohabitation, but only records an already existing fact. You should not «wait two years after registration». On the contrary, the authorities check that you have already lived together for a set period of time (2-3 years, or less if you have children), and issue a document that confirms this. For example, the couple has been living together since 2021. In 2025, they bring papers to the municipality and receive a certificate of cohabitation. The document will reflect that cohabitation began in 2021, and not from the date of issue.
If there is no administrative document, the court procedure of voluntary jurisdiction is applied, where the judge determines the existence of a union based on the evidence presented. The judge analyzes the evidence: joint accounts, rent, birth of children, witness statements. If the court recognizes the union, it confirms its existence retroactively, in other words, from the moment when the cohabitation actually began. For example, a couple without registration has been living together since 2018 and they have a child together. In 2024, one of the partners files a lawsuit. The judge, relying on documents and evidence, establishes that cohabitation has existed since 2018. This is essential for inheritance or property disputes.
In Mexico City (CDMX), the document confirming a civil union is an «acta de concubinato». The procedure has been available since 2014 in the Registro Civil (Registration Offices). In some states, such as Mexico City (Estado de México), the document is called “constancia de concubinato”, and it is also issued through the Registro Civil. In other states, the document may be called «certificado de concubinato» or «constancia de existencia de concubinato» and most often issued through the municipality. This is always a legally significant document confirming the fact that the couple lives together.
So, in Mexico City and other states, certificates of cohabitation are issued, which confirm the union and are used to obtain medical, pension and inheritance rights. If there is no practice in issuing such a certificate, you should go to court.
Rights and Responsibilities
A civil marriage entails rights and obligations similar to those of a marriage. Among the main consequences: the obligation of mutual maintenance and the right to inheritance in the absence of a spouse. The union is recognized by Mexico's social security systems — IMSS and ISSSTE. This gives access to health care, widowhood pension and other benefits.
Property relations
The legal treatment of property varies by state. In Mexico City and Puebla, each partner retains property acquired personally. In Tlaxcala and Querétaro, there is a regime of cohabitation, in which assets acquired during cohabitation are divided as in a marriage. To protect property rights, official recognition of the union is necessary.
Same-sex relationships
Cohabitation also applies to same-sex couples. The Supreme Court ruled that such a union should be recognized on the same basis as heterosexual ones. Since 2015, federal courts have enshrined this right, and many states have enacted provisions in their laws. In a number of regions, same-sex couples also have the right to adopt children and receive social benefits.
Migration issues
Since civil marriage is fully recognized by Mexican law, it can be used to acquire a residence permit and then citizenship of Mexico. The conditions are the same as when obtaining a residence permit by marriage to a resident or citizen of Mexico: you must have a document confirming such a union. If this is a union with a Mexican citizen, after 2 years you can apply for Mexican citizenship. At the same time, it is also possible to provide a document confirming a civil union in another country, if such a country recognizes cohabitation.
Pros
- Legal Recognition: The union is legally recognized in many states and provides legal protection.
- Social benefits: the partner has the opportunity to be included as a family member in the IMSS or ISSSTE social programs for medical care, widowhood pension and other benefits.
- Inheritance rights: If a partner dies, his civil partner can inherit the property.
- Flexibility in choice: couples have the right not to enter into a traditional marriage while still maintaining access to key rights.
- Equal rights for all: The law extends to same-sex couples, including the chance of adoption in some states.
- Duration of residence with children: if there are common children, the requirement for a minimum period of cohabitation may not apply.
Cons
- Vary by State: Rules vary widely — In some places 2 years of marriage is enough, in others you need 3. Apart from this, the property consequences are different.
- Non-automatic recognition: the union must be confirmed by documents or through court; without this, rights are limited.
- Property disputes: upon dissolution of cohabitation, difficulties may arise with the division of property if there is no official recognition.
- Limited rights compared to marriage: Not all rights and guarantees are identical to those of marriage, especially in matters of property.
- Bureaucracy: Obtaining a certificate or judicial confirmation requires collecting documentation and often witness testimony.