A common-law union exists if the partners have lived together for at least three years or longer, or for a shorter period if they have a child together. It is necessary that the individuals are not married or in a common-law union with another person.
According to the Family Law of the Federation of Bosnia and Herzegovina, the rights and obligations of common-law partners are equal to those of married partners. Therefore, if you are in a common-law union, you are guaranteed all rights and obligations – just like married spouses. This includes the right to spousal support, the right to jointly acquired property (equivalent to marital property), and all other rights guaranteed by the Family Law of the FBiH.
Before exercising your rights, the common-law partner must file a lawsuit to establish the existence of the common-law union, upon which the court will issue a judgment confirming the existence of the union. This judgment serves as an enforceable title through which you can realize all your rights arising from the common-law union.
In the proceedings for establishing the existence of a common-law union, you can prove the relationship using residence registration forms showing that the individuals lived at the same address for at least three years. In the absence of such documentation, witness statements confirming cohabitation and other evidence demonstrating joint life can be used. Therefore, if you are in a common-law union, it is necessary that you are officially registered at the same address as your partner, which must also be your actual place of residence.
