Partner relationships & partnerships

A partnership is the legal recognition (registration) of a partnership between two adults of any sex, which provides the couple with legal, economic and social protection from the state. However, a partnership is not legally equivalent to marriage.

Partnership

In order to protect the de facto relationship of persons who do not wish or cannot marry (for example, same-sex couples), Latvia has introduced the legal regulation of partnerships. A partnership is the legal recognition (registration) of a partnership between two adults. The institution of partnership provides the couple with legal, economic and social protection from the state.

important The institution of partnership is not the same as marriage. Although a partnership offers a number of rights, it does not include all the rights and guarantees of marriage. As a result, a partnership is not legally equivalent to marriage.

Who, when and how can register a partnership?

A partnership can be registered by two adults who appear together before a notary and certify that they have a close personal relationship, a common household and a mutual intention to care for and support each other.

A partnership cannot be concluded if:

  • either person is already married 
  • one of the persons is already in a partnership
  • the persons are related

note People may enter into same-sex partnerships or different-sex partnerships.

Partnership registration and data processing

Partnership registration in Latvia is carried out by a notary through a notarial deed. Information on the partnership is entered in the Register of Natural Persons. The register shall include details of the person, his or her partner and the documents evidencing the registration or dissolution of the partnership.

Rights and obligations

A partnership provides a number of rights and social guarantees linked to everyday life and the legal, economic and social protection of the partner:

  • a partner has the right to make decisions about the other partner's treatment if he or she is unable to do so
  • a partner may receive an unpaid pension if a pension payment was calculated but unpaid at the time of the other partner's death
  • a partner is also entitled to certain personal income tax allowances, for example for expenses relating to the partner's medical treatment or education
  • partners are also subject to a reduction in fees for real estate transactions

example If a person is unconscious and therefore unable to make his or her own medical decisions, his or her partner has the right to decide what treatment will be given.

Partnerships can also bring additional responsibilities:

  • the partner of a public official will be subject to restrictions on conflicts of interest
  • an insolvency representative will not be able to perform his or her duties if the partner of the insolvency representative has a personal or financial interest 

Unresolved issues within the partnership

Unlike marriage, a partnership does not deal separately with property, inheritance and adoption.

example Partners cannot jointly adopt a child. This means that only one partner can adopt the child, but the relationship between the child and the other partner will not be legally recognised, even though both partners live with the child, share a household and have a close personal relationship. 

example If the surviving partner is not mentioned in the other partner's will or succession agreement, he or she will not receive any inheritance and will not be entitled to contest the partner's will or succession agreement.

Partners may enter into private agreements to a certain extent to settle some of these issues, but these private agreements cannot always meet the basic needs of people in stable and trusting relationships. Similarly, regulating some specific issues by private contract may require the consent of third parties.

Termination of partnership

If the partners agree on the dissolution of the partnership, it is done by applying to a notary who draws up a notarial deed of dissolution.

A partnership ends with the death of a person or with the marriage of one or both partners.

Relations between same-sex couples

The institution of partnership also provides legal, economic and social protection for same-sex couples, since under Latvian law same-sex couples cannot marry each other. It should be noted that human rights, including the right to marry or the right to privacy, do not oblige the State to ensure that same-sex couples have access to marriage in the same form as opposite-sex couples. 

However, in some specific areas where it matters that you and your partner have a de facto family relationship, the fact that a civil partnership is not legally equivalent to marriage can prevent you both from enjoying your relationship to the full. These areas relate to the regulation of the rights and obligations between the partners and the right to benefits essential for the development and maintenance of the family relationship, such as the possibility of adopting a child together.

Lack of regulation in these areas can put same-sex couples and married opposite-sex couples on unequal footing.

What human rights might have been violated?

The fact that the same-sex couple's relationship cannot be formalised in a way that is legally equivalent to marriage may, in certain situations, make it more difficult to enjoy and protect it. This may violate both the right to private and family life and the prohibition of discrimination.

If you consider that your right to private and family life has been violated in that you do not enjoy the same fundamental rights as any married couple, you may submit an application to the Constitutional Court of the Republic of Latvia. The Constitutional Court can assess whether the lack of regulation has indeed led to an infringement of your right to private and family life and a breach of the prohibition of discrimination. If the Constitutional Court finds that these rights have been infringed and that the prohibition has been violated, it may order the parliament (Saeima) to amend the laws in force accordingly.

For more information on the Constitutional Court and how to prepare an application to the Court, see the Constitutional Court Law. After exhausting domestic remedies, you can also apply to international human rights institutions.

Resources

Last updated 03/10/2024