Times are changing and more and more couples are opting not to go down the aisle, choosing alternative ways to give legal form to their sentimental and family union.
This is where the domestic partnership comes into play or, as it is called in Catalonia, the stable partnership, an intermediate institution that is not equivalent to marriage in terms of rights and obligations, but that does offer an important umbrella of protection that can be adapted to some extent to the needs of those who take advantage of it.
That is why in this post we bring you this Guide on the domestic partnership or stable partnership in Catalonia: so that you have all the necessary information at hand before deciding how to formalize your family nucleus at a legal level. In case of doubt, contact our team of family lawyers in Barcelona.
What is a stable couple in Catalonia?
The stable or common-law partnership in Catalonia is a tool that allows couples (regardless of their sex) to benefit from an umbrella of rights and duties different from marriage, but with certain protections in certain situations: inheritance, widow’s pension, possibility of alimony or financial compensation for work after the breakup of the common-law partnership… are some of them.
The starting point to understand what a domestic partnership consists of is that its regulations are not uniform throughout Spain.
In fact, there are great differences between the different autonomous communities, since they have a wide margin to regulate its effects.
The requirements for this type of union to be constituted also vary depending on the autonomous community.
In the case of Catalonia, unmarried couples are in luck: its Civil Code and the rest of the applicable regulations equalize the rights and obligations of stable couples with those of conventional marriages in relation to inheritance, children in common, family regrouping, economic compensation for work when a separation occurs…..
Most of the differences between married couples and stable couples are evident in aspects of state legislation, for example, regarding taxation or the requirements for the granting of a widow’s or widower’s pension.
What are the requirements to form a stable couple?
The requirements to form a stable or common-law couple in Catalonia are set out in articles 234-1 and 234-2 of the Civil Code of Catalonia.
Thus, two people living together in a community of life analogous to marriage will be considered a stable couple in any of the following cases:
- If the cohabitation lasts more than two uninterrupted years.
- If, during the cohabitation, they have a common child.
- If they formalize the relationship in a public deed.
In addition, a series of personal requirements must be met for a domestic partnership in Catalonia, so that the following persons may not form a stable partnership:
- Unemancipated minors.
- Persons related by kinship in a straight line, or in a collateral line within the second degree.
- Persons who are married and not separated in fact.
- Persons living in a couple with a third person.
In short, it is necessary to demonstrate a cohabitation of more than two years of uninterrupted duration, or to have had a child in common during the cohabitation (without the requirement of duration of two years).
The union must be formalized by public deed, before a notary, and subsequently registered in the Registry of Stable Couples of Catalonia. Although the inscription in this Registry is not obligatory, it will be much more favorable to do it: it serves as a simple and forceful means of proof to assert the rights in the future before the Administration or before any company or institution that requests this type of document (for example, to contract an insurance that covers the whole family).
For all these steps, it is advisable to have the support of a family lawyer in Catalonia.
Documentation for registration in the Registry of Domestic Partnerships of Catalonia
The documentation required for registration in the Registry of Domestic Partners of Catalonia is as follows:
- Identity document of the applicants.
- Literal or complete certification of birth of the applicants.
It is necessary to request this certification in the corresponding civil registry, in person or telematically, at the latest within 6 months prior to the presentation of the application for registration of the stable couple.
In case of dual nationality, one of which is Spanish, the Spanish birth certificate must be provided. - Certificate of registration of historical cohabitation.
- Birth certificate or family record book showing the common offspring in case of constitution of the stable couple due to the birth of a son or daughter during the cohabitation in a community of life analogous to the matrimonial one.
- Optionally, certification of registration issued by the corresponding municipality in the case of stable couples registered in municipal registries.
If there is no express objection, the Department of Justice will automatically verify the declared data and documents 1, 3 and 4 do not have to be provided.
Rights in the stable couple
Becoming a stable couple implies the generation of a series of rights and duties that, in the case of Catalonia, present certain particularities.
The most important (and those that generate more doubts) are the following:
Inheritance in the stable or common-law couple
The Civil Code of Catalonia establishes that, in case of death of one of the members of a stable couple, the survivor will have the same rights as if it were a marriage.
However, the requirements must be met in order to constitute a domestic partnership or to be able to prove its existence.
If there is no registry of the domestic partnership, it will be possible to provide means of proof similar to those required for the registration of this type of union: census certificates, joint bank account, direct debit receipts…
- Inheritance without a will. The legal heirs in Catalonia are, in the first place, the children (although a right of usufruct is reserved to the surviving partner).
If there are no descendants, the couple will be legal heirs. - Inheritance with will. It is usual that, when a will is granted, the other partner is named as heir.
If this is not the case, the survivor will be entitled to obtain, as a minimum, the fourth falcidia or minimum inheritance quota, which consists of a quarter of the inheritance, provided that he or she does not have sufficient resources to meet his or her needs.
With regard to the trousseau of the dwelling, the cohabitant who survives the deceased will have the right to the trousseau of the dwelling or household goods, consisting of furniture, personal effects, household goods and clothing.
On the other hand, jewelry, artistic objects or other objects of extraordinary or sumptuary value do not form part of the trousseau.
It is also important to know that the surviving cohabitant in stable partnership will not have the right to succeed the deceased if he/she is separated from the deceased at the time of his/her death.
The Civil Code of Catalonia also clarifies that cohabitants in stable partnership may jointly acquire assets with a survivorship pact. This means that it can be agreed that, when one of the members of the couple dies, the full ownership of the property passes to the survivor, who will become the owner of the whole property.
This agreement is common in the case of real estate.
Another advantage of the Catalan Inheritance Law is the so-called year of widowhood, which allows the survivor to live during the year following the death in the common dwelling and to receive alimony from the assets of the inheritance, maintaining the same standard of living, provided that he/she is not the universal usufructuary of the deceased’s estate.
Widow’s or widower’s pension in domestic partnership or stable partnership
Regarding the right to a widow’s pension in a domestic partnership in Catalonia, the surviving partner will be entitled to a widow’s pension as long as one of the following assumptions is met, according to the Social Security regulations (of a national nature):
- That the couple is registered in the Registry of Stable Couples of Catalonia or has been formalized by notarial deed, with at least two years of cohabitation prior to death.
- In case of not being a domestic partner, prove a stable and notorious cohabitation during the five years prior to the death.
Joint declaration in domestic partnership or stable partnership
The tax authorities (again, these are national regulations) explain that the joint IRPF return is a possibility for married couples with or without children: thus, although the general rule is to file the return individually, all the persons of the same family unit can file the return in joint taxation.
In the case of unmarried couples and IRPF, as well as, in general, in the case of unmarried couples, only one of the members of the couple may file a joint tax return, forming a family unit with their children.
The other member of the family must file an individual tax return.
Economic Regime
As in marriage, domestic partners have total freedom to agree on the economic regime that suits them best, either in community of property or separation of property.
In principle, unless otherwise agreed, their economies will remain independent.
Guardianship and custody of children in domestic partnership
Regarding the guardianship and custody of the children of unmarried couples, the same rules apply as in the case of married couples, the general rule being shared custody, unless the protection of the best interests of the minor requires another formula.
Specifically, the nullity of the marriage, divorce or separation, as well as the extinction of the domestic partnership, “do not alter the responsibilities that the parents have towards their children.” Consequently, “these responsibilities maintain the shared character and, as far as possible, should be exercised jointly.” Also in these cases, a parenting plan must be designed, the exercise of guardianship and custody, etc., must be defined, applying the same criteria to determine this regime as those used for married couples.
Use of the dwelling after the breakdown of the common-law relationship
The cohabitants in stable partnership can agree on the attribution to one of them of the use of the family dwelling, with its trousseau, to satisfy in the pertinent part the alimony of the common children who cohabit with the beneficiary of the use or the eventual alimony benefit of this one.
If there is no agreement or if it is not approved, in the case that the cohabitants have common children, the judicial authority can attribute the use of the family home, taking into account the circumstances of the case and applying the following rules:
- Preferably, to the member of the couple to whom the custody of the children corresponds for the duration of the custody.
- If the custody of the children is shared or distributed between both members of the couple, to the one who has more need.
The attribution or distribution of the use of the dwelling, if it belongs in whole or in part to the partner who is not the beneficiary, must be taken into account for the determination of child support and the maintenance allowance that the other partner may receive.
Alimony after the breakup of a common-law relationship
Regarding alimony in domestic partnership, if the stable partnership is extinguished during the lifetime of the cohabitants, either of the cohabitants may claim alimony from the other, if he/she needs it to adequately provide for his/her sustenance, in one of the following cases:
- Whether cohabitation has reduced the applicant’s earning capacity.
- If you have joint custody of children, in circumstances where your earning capacity is diminished.
In addition, the agreements to waive the maintenance allowance are not effective in those cases in which they compromise the possibility of meeting the basic needs of the cohabitant who has the right to claim, unless they have been incorporated into a proposed agreement.
On the other hand, if one of the cohabitants dies within one year of the termination of the stable partnership, the other, within three months of the death, may claim his or her right to maintenance from the heirs. The same rule must be applied if the procedure aimed at claiming the maintenance allowance is extinguished by the death of the cohabitant who should pay it.
Workmen’s compensation after the termination of a common-law marriage
The Civil Code of Catalonia equates the situation of the couple to that of marriage in this respect.
If a cohabitant has worked for the household substantially more than the other or has worked for the other without remuneration or with insufficient remuneration, he/she will be entitled to financial compensation, provided that at the time of the termination of the cohabitation the other has obtained a higher patrimonial increase, in accordance with the rules governing marriage.
Health care
Domestic partners are entitled to public health care: the cohabiting partner can apply for an individual health card (TSI) through CatSalut.
Paid leave for domestic partnership or marriage
The 15-day leave for marriage is not legally recognized for domestic partners in Catalonia, but it is possible that the applicable collective bargaining agreement or the employment contract so indicates.
In any case, this leave cannot be taken for both concepts (for example, if I first formalize a common-law marriage and then get married).
Residence permit and domestic partnership in Catalonia
The formalization of the domestic partnership and its inscription in the Registry of Domestic Partners of Catalonia allows the obtaining of the EU family member card, with all the rights that this implies.
Termination of domestic partnership or stable partnership in Catalonia
Finally, the stable partnership is extinguished for the following reasons causes:
- Cessation of cohabitation with rupture of the community of life.
- Death or declaration of death of one of the partners.
- Marriage of any of the cohabitants.
- Common agreement of the cohabitants formalized in a public deed.
- Will of one of the cohabitants notified reliably to the other.
The extinction of the stable couple implies the revocation of the consents and powers of attorney that any of the cohabitants has granted in favor of the other.
At this point the covenants in anticipation of the termination of the cohabitation, in case of existence, would come into play, by which the cohabitants can agree in public deed the effects of the extinction of the stable partnership, in the same terms as in the marriage.
In addition, after the cessation of the cohabitation, the cohabitants can agree on the effects of the extinction of the stable partnership.
In the case of agreements reached after the cessation of cohabitation, the cohabitants by mutual agreement or one of the cohabitants with the consent of the other may submit to the approval of the judicial authority a proposal of agreement that includes all the effects that the extinction should produce with respect to the common children and between the cohabitants.
Contact us if you need a family law lawyer in Catalonia to solve any doubt.
