More and more people are choosing to formalize their relationship as a de facto couple in Spain instead of getting married. This type of union offers a series of legal, administrative and social benefits, although with some differences from traditional marriage.
Do you want to know what it means to be a de facto couple, what the requirements are and what the benefits are? Here we tell you everything you need to know to formalize this union, and we also answer some of the most frequently asked questions about this model of cohabitation.
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What does it mean to be a de facto couple in Spain?
A de facto couple in Spain is a stable union between two people who live together freely, publicly and notoriously in an emotional relationship similar to marriage, but without being married. This status allows couples to access certain rights and benefits, although the regulations vary according to the autonomous community in which they register.
Legal regulation
In Spain, civil partnerships are not regulated by a single state law, but rather each autonomous community has its own regulations. This means that the requirements and rights can vary from one region to another.
Some regions require a minimum period of cohabitation in order to register as a domestic partnership, while others only require registration in the corresponding register. There are also differences in terms of rights, such as access to the widow’s or widower’s pension or the possibility of accessing public healthcare as a beneficiary of the couple.
Difference between marriage and domestic partnership in Spain
Although both legal figures recognize the rights of the members of the couple, there are key differences between them that can influence the decision to opt for one or the other. Read on and learn about the key differences between marriage and de facto couples in Spain.
Rights and obligations
Marriage grants automatic rights such as the possibility of inheriting without the need for a will or direct access to the widow’s/widower’s pension. In contrast, in a de facto relationship, these rights depend on regional regulations and may require additional procedures, such as the drafting of a will.
Taxation and economic benefits
Marriage allows for a joint income tax return, which can result in a tax reduction in some cases. In contrast, de facto couples cannot file taxes jointly, although some autonomous communities offer specific deductions.
Dissolution and rights in the event of separation
While marriage requires a legal divorce process with division of property and possible compensatory pensions, the dissolution of a de facto partnership is simpler and usually depends on a mutual agreement or unilateral notification by one of the members. However, in some cases it may be necessary to go to court if there is joint property or children in common.
Benefits of being a de facto partner
Despite the differences with marriage, being a de facto couple in Spain offers legal and administrative advantages that can be very useful.
Residence and immigration rights
For couples in which one of the members is a foreigner, registering as a de facto couple allows them to obtain residence in Spain. This facilitates the regularization of the legal situation and access to rights such as working and accessing public health care.
Access to social benefits and assistance
Depending on the autonomous region, de facto couples can access housing assistance, grants or family subsidies. Some regions also recognize de facto couples as beneficiaries of the widowhood benefit, under certain requirements.
Labor rights
In some regions, de facto couples have the right to work permits similar to those of married couples in cases of illness, death or birth of children.
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Requirements to be a civil partner in Spain
To register as a civil partner in Spain, it is necessary to meet certain requirements, which may vary according to the autonomous community.
General requirements
- Be of legal age or an emancipated minor.
- Not be married or have another registered civil partner.
- Prove a minimum period of cohabitation (depending on the community this can be from 6 months to 2 years).
- Not be related to each other in a direct or collateral line of descent up to the second degree.
It is important that you find out from your local authority if you have to meet any extra requirements when you go to formalize the procedure.
Necessary documentation
To register as a domestic partnership, it is necessary to present a series of documents, which may vary according to the autonomous region.
Basic documents
- DNI, NIE or passport of both members.
- Certificate of registration as a resident, accrediting cohabitation.
- Declaration of the will to form a de facto partnership.
- In some cases, witnesses who can accredit the relationship.
Formalize your relationship with a common-law couple in Spain
Being a de facto couple in Spain may be an appropriate solution depending on the personal and legal circumstances of each couple.
The decision to become a de facto couple is an important step in the life of any couple. Knowing the requirements and benefits will help you make the best decision for your personal situation. If you have any questions or need legal advice, our team is here to help you manage the process safely and efficiently. Don’t hesitate to contact us!
Frequently asked questions about de facto partnerships in Spain
Many people have questions about the registration process and the rights associated with being a de facto partner. Here are some of the answers to the most frequently asked questions about this type of partnership.
Is it necessary to register as a domestic partnership?
It depends on the autonomous region. Some require registration in order to recognize the rights of the couple, while others allow proof of cohabitation by other means.
Can a domestic partnership be dissolved?
Yes, dissolution can be done by mutual agreement or by the will of one of the members, notifying the corresponding registry. In some cases, a notarial or judicial process is necessary to regulate aspects such as child custody or shared assets.
Can a common-law couple inherit?
Common-law couples do not have automatic inheritance rights, so it is necessary to make a will to ensure the inheritance of the other member of the couple.
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Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.
