Civil Union Agreement (AUC) Chile

A Civil Union Agreement Chile (Acuerdo de Unión Civil — AUC) is a legally recognized civil partnership between two persons — whether of the same or different sex — established by executing the formal agreement before the Servicio de Registro Civil e Identificación under the Ley que Crea el Acuerdo de Unión Civil (Ley 20.830 of 2015), which entered into force on 22 October 2015. Chile was the first Spanish-speaking country in South America to enact comprehensive civil union legislation applicable to both same-sex and opposite-sex couples.

Article 1 of Ley 20.830 defines the AUC as a contract celebrated between two persons that creates a community of life (comunidad de vida), with the purpose of regulating their effects vis-à-vis third parties. Article 5 establishes that the AUC may only be entered into by persons who are not already married or party to a subsisting AUC, who are at least 18 years old, who are not related by consanguinity in direct line or in the collateral line up to the second degree, and who are not related by affinity in the direct line. The Registro Civil e Identificación registers the AUC in the Registro de Acuerdos de Unión Civil, creating a new civil status (estado civil) of conviviente civil for both parties.

The default patrimonial regime of the AUC is comunidad de bienes under Article 15 of Ley 20.830 — all property acquired for valuable consideration during the AUC is presumed to be jointly owned in equal shares (pro indiviso), unless the parties opted for separación de bienes at the time of celebration or converted the regime through a public deed subsequently. The convivientes civiles may choose separación de bienes as their patrimonial regime at the moment of celebrating the AUC before the Registro Civil official.

Ley 20.830 grants convivientes civiles a broad range of rights including: mutual inheritance rights equivalent to those of a spouse under Article 16 of Ley 20.830, which amends Articles 983 and 988 of the Código Civil to place the surviving conviviente civil in the same inheritance position as a spouse; the right to include the conviviente civil as a beneficiary under FONASA (public health insurer) and ISAPRE private health plans; AFP pension survivorship pension (pensión de sobrevivencia) under DL 3.500 equivalent to the surviving spouse's benefit; the right to be appointed as guardian (tutor or curador) of the other conviviente civil; and protections equivalent to those of a spouse in criminal proceedings involving domestic violence under Ley 20.066.

The AUC is celebrated before the Oficial del Registro Civil e Identificación in any commune in Chile. The ceremony is brief — both parties appear personally with their cédulas de identidad, sign the agreement before the official, and the AUC is immediately inscribed in the Registro de Acuerdos de Unión Civil. No witnesses are required and no minimum waiting period applies.

A Civil Union Agreement Chile (AUC) preparation document is needed when two persons — whether of the same or different sex — wish to formalize their partnership with full legal recognition under Ley 20.830/2015 and understand the rights and obligations created by the AUC before appearing before the Registro Civil e Identificación.

This document is needed when partners wish to access the mutual inheritance rights under Article 16 of Ley 20.830, which places the surviving conviviente civil in the same inheritance category as a surviving spouse under Articles 983 and 988 of the Código Civil — specifically the second heir category that shares equally with the deceased's children or takes entirely in the absence of descendants.

The AUC is needed when partners wish to register one partner as a beneficiary under FONASA or an ISAPRE private health plan — the AUC certificate (certificado de AUC from the Registro Civil) is the required document for Isapre and FONASA enrollment of the conviviente civil as a dependent beneficiary, equivalent to the enrollment right of a married spouse.

This agreement preparation document is needed when partners wish to clarify in advance whether their patrimonial regime will be the default comunidad de bienes under Article 15 of Ley 20.830 (all assets acquired during the AUC are jointly owned) or the alternative separación de bienes (each partner retains independent ownership of their own assets). This election can only be made at the time of AUC celebration and cannot be changed afterwards without executing a public deed before a Notario Público.

The AUC is needed to access AFP survivorship pension benefits under DL 3.500 — the surviving conviviente civil is entitled to pensión de sobrevivencia (survivorship pension) from the deceased partner's AFP individual account, equivalent to the pension available to a surviving spouse, following the modifications to DL 3.500 introduced by Ley 20.830.

A Civil Union Agreement Chile (AUC) preparation document under Ley 20.830/2015 must address the key legal elements that govern the civil partnership.

Eligibility Requirements: Both parties must satisfy the conditions of Article 5 of Ley 20.830 — must be 18 years or older, must not be currently married or party to a subsisting AUC, must not be related by consanguinity in the direct line or collateral line up to the second degree (i.e., siblings, parents, grandparents, and descendants), and must not be related by affinity in the direct line (stepparents, in-laws). The parties must appear personally before the Oficial del Registro Civil — no power of attorney is permitted.

Identification Documents: Both parties must present a valid cédula de identidad (issued by the Registro Civil e Identificación) or a valid foreign identity document if one party is a foreign national. Foreign nationals who are not permanent residents must present their valid passport and residency permit.

Patrimonial Regime Election: Under Article 15 of Ley 20.830, the default patrimonial regime is comunidad de bienes — all property acquired for valuable consideration (a título oneroso) during the AUC is presumed jointly owned in equal shares. Parties who prefer financial independence may elect separación de bienes at the time of AUC celebration. This election, once made, is immutable without a subsequent escritura pública before a Notario Público. Under comunidad de bienes, the jointly owned property is administered by each conviviente civil independently for their own share — there is no administration regime equivalent to the sociedad conyugal's haber social.

Registration and Civil Status: The AUC is registered in the Registro de Acuerdos de Unión Civil at the Registro Civil e Identificación office where it is celebrated. The parties acquire the civil status (estado civil) of conviviente civil, which is recorded on their cédula de identidad and all official documents. The Registro Civil issues a Certificado de Acuerdo de Unión Civil that can be used to access health, inheritance, and social security rights.

Inheritance Rights: Under Article 16 of Ley 20.830 (amending Articles 983 and 988 of the Código Civil), the surviving conviviente civil inherits in the same position as a surviving spouse — receiving an intestate share equal to that of a child of the deceased if the deceased had children, or taking the entire estate in the absence of descendants and siblings. The surviving conviviente civil also has the right to the cuarta de mejoras and the cuarta de libre disposición equivalent to a spouse.

Termination: Under Article 26 of Ley 20.830, the AUC terminates by: mutual agreement of both parties expressed before the Registro Civil official; unilateral notification by one party to the other through a ministro de fe (Notario Público or Receptor Judicial); death of one party; declaration of judicial nullity; or subsequent marriage between the same parties or either party. When children or jointly owned assets exist, the termination requires a convenio regulador equivalent to that required by Article 21 of Ley 19.947.

Forms-legal.com provides this Civil Union Agreement AUC Chile preparation template to help parties understand the legal framework under Ley 20.830/2015 before appearing before the Registro Civil. Parties should consult a licensed Chilean Abogado to understand the full implications of the AUC, particularly regarding the patrimonial regime choice and inheritance planning. Los usuarios de forms-legal.com pueden descargar este documento de forma gratuita en formato PDF o DOCX, completar los campos del formulario guiado y obtener un documento listo para firma.