In this post we share a new interview for ‘Informativos Telecinco’, this time in relation to the requirements to formalize a domestic partnership in Spain. The starting point is well known: the regulation in this regard depends on each autonomous community, with significant differences between them both in terms of requirements and in terms of rights and obligations.
The case of Catalonia is one of those that offers more guarantees for those who formalize their relationship in this way. Here we leave an excerpt from the article and we remind you that you can contact our Family Lawyers in Barcelona to resolve any issues related to the legal and economic aspects of your family unit. “Being a domestic partner has become an increasingly used alternative to marriage in Spain, although the rights derived from this formula are not identical to those of a married couple, nor are they the same in all autonomous communities.
A domestic partnership is based on the stable cohabitation of two people with a common interest in developing a family life.
However, in order for a domestic partnership to be recognized as such, it is necessary to apply to the relevant body, demonstrating that the requirements of each autonomous region are met.
Although there are differences, these are some of the requirements that are usually required to be a domestic partner:
- Both members of the couple must be of legal age or emancipated.
- There is no direct relationship between the members of the couple.
- Not being married.
It may be necessary to prove the divorce in the case of previous marriages. - Proof of a minimum period of cohabitation (e.g., one or two years).
- In some cases, execution of a public deed.
The result will be the registration in the Registry of Domestic Partners enabled by the autonomous community in question, which will generate certain rights that will depend on the applicable regulations.
Thus, as family lawyer Elena Crespo Lorenzo explains, the starting point to understand what is needed to become a domestic partner in Spain is to know that each autonomous community has its own regulations and that, in general, the requirements are not identical: some require stricter means of proof than others, and the time of cohabitation required may not be the same in each territory.
Nor are the rights generated by being a domestic partner or, as in the case of Catalonia, a stable partner (according to the Civil Code of Catalonia, which applies in this community) equal.
For example, in the Catalan case “the rights and obligations of stable couples are equalized with those of conventional marriages in relation to inheritance, children in common, family regroupings and economic compensation on account of work when a separation occurs.”
Finally, it is interesting to note that “the concept of couple has evolved enormously in recent decades and these different models have undoubtedly led to changes, such as the increased regulation of domestic partnerships. We have also experienced changes in custody trends, as well as in the equalization of rights and duties in parenting that are transferred to the legal sphere (for example, in terms of maternity and paternity leave),” says Crespo.
In fact, according to the study ‘La evolución de la pareja en España: del rito del matrimonio para toda la vida a la diversidad de relaciones basadas en el pacto privado y la aceptación de la ruptura y el re-emparejamiento’, elaborated and published by the BBVA Foundation, breakups are more present in all generations, and this fact is experienced with greater normalization than in the past.
This is the reason why unions or domestic partnerships are gaining strength over marriage, in the case of wanting to formalize the relationship.
Many other couples do not feel the need to create this legal bond.” From this space we would like to thank once again ‘Informativos Telecinco’ for the trust placed in our team to answer such important questions for citizens. We are at your disposal for any legal consultation on Family Law.
