The Act is enacted to enforce the J. Y. Interpretation No. 748.
Two persons of the same sex may form a permanent union of intimate and exclusive nature for the purpose of living a common life.
Persons under the age of eighteen may not form a union as stated in Article 2.
In accordance to the J. Y. Interpretation No.748 and this Act, a union, as stated in Article 2, shall be effected in writing, which requires the signatures of at least two witnesses, and by marriage registration at the Household Administration Bureau.
- A lineal relative by blood or by marriage;
- A collateral relative by blood within the fourth degree of kinship. The limit to form a union shall not be applicable to persons of collateral relative within the fourth degree of kinship by adoption.
- A collateral relative by marriage within the fifth degree of kinship of different rank.
- A guardian may not form a union as stated in Article 2 with the ward of the same sex during the continuance of guardianship, unless consent of the ward's parents has been obtained.
- Where it does not conform to the formalities provided by Article 4,
- Where it violates the union prohibition as provided in Article 5, or
- Where it violates the union prohibition as provided in Paragraph 1 or Paragraph 2 of Article 7.
Parties of a union as stated in Article 2 are under mutual obligation to cohabit, unless for a good cause.
The domicile of parties of a union as stated in Article 2 shall be decide through mutual agreement; if it has not been agreed or cannot be agreed, it may be decided by the court by application.
Provisions of Chapter 2 Section 4 of Civil Code concerning matrimonial property regimes shall apply mutatis mutandis to parties to a union as stated in Article 2.
- Where he or she has committed bigamy in terms of the Civil Code or the union as stated in Article 2;
- Where he or she has consensual sexual intercourse with another person;
- Where he or she abuses the other party as to render common living intolerable;
- Where he or she abuses the lineal relative of the other party, or his or her lineal relative abuses the other party as to render common living intolerable;
- Where the other party has deserted him or her in bad faith and such desertion still continues;
- Where he or she is intent on murdering the other party;
- Where he or she has an incurable disease;
- Where it has been uncertain for over three years whether he or she is alive or dead; or
- Where he or she has been sentenced to more than six months of imprisonment for an intentional crime.
When a termination of a union as stated in Article 2 through court mediation or court settlement is sustained, the union is dissolved; and the court is required to notify the couple’s Household Administration Bureau.
In the event where a union as stated in Article 2 has been terminated, the provisions of Articles 1055 to 1055-2, and Articles 1056 to 1058 of Civil Code concerning the determination of child custody and guardianship, damages, alimony and recovery of property shall apply mutatis mutandis.
In the event where one party to the union as stated in Article 2 adopts the child of the other party or co-adopt, the provisions of Civil Code concerning adoption shall apply mutatis mutandis.
The provisions of Article 1111 to Article 1111-2 of Civil Code concerning spouses shall apply mutatis mutandis to a union as stated in Article 2.
Disputes that arise within a union as stated in Article 2 are considered as domestic matters, which is subject to the provisions of Family Act.
Any individual or group shall have the freedom of religious belief and other rights of freedom, which shall not be affected by the implementation of this Act.