More and more people, instead of getting married, are choosing to formalize their relationship as a de facto couple in Spain. This type of union offers a series of legal, administrative and social benefits, although with some differences with respect to traditional marriage.
Do you want to know what it means to be a de facto couple, its requirements and benefits? Here we will tell you everything you need to know to formalize this union, and we will also address some of the 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 is a stable union between two people who live together in a free, public and notorious way with an emotional relationship similar to that of marriage, but without being married. This status allows couples to access certain rights and benefits, although its regulation varies according to the autonomous community in which they register.
Legal regulation
In Spain, the concept of a de facto couple is 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 autonomous communities require a minimum period of cohabitation in order to register as a de facto couple, while others only require registration in the corresponding registry. There are also differences in the rights they grant, such as access to the widow’s/widower’s pension, public aid or the possibility of accessing public health care as a beneficiary of the couple.
Difference between marriage and civil partnership
Although both legal figures recognize rights for the members of the couple, there are key differences between them that can influence the decision to opt for one or the other.
Rights and obligations
Marriage grants a series of automatic rights to spouses, such as the possibility of inheriting without the need for a will and direct access to the widow’s or widower’s pension. On the other hand, in a de facto relationship, access to these rights usually depends on regional regulations and the need to carry out certain additional procedures, such as the drafting of a will to guarantee the inheritance rights of the other member of the couple.
There are also differences with regard to adoption and the filiation of children. While in a marriage both spouses can be automatically recognized as parents, in a de facto relationship it may be necessary to go through an adoption procedure for both members to be legally considered as parents.
Taxation and economic benefits
One of the main tax benefits of marriage is the possibility of filing a joint tax return, which can mean a reduction in the tax burden in some cases. On the other hand, unmarried couples cannot file a joint tax return, although some autonomous communities offer specific tax deductions for this type of union.
Another aspect to consider is access to financial benefits and aid. In some regions, unmarried couples can access housing benefits and other social benefits, although in many cases these benefits are lower than those granted to married couples.
Benefits of being an unmarried couple
Despite the differences with marriage, being an unmarried couple in Spain offers legal and administrative advantages that can be very useful for couples who wish to formalize their cohabitation without getting married.
Residence and immigration rights
One of the most important advantages for couples in which one of the members is a foreigner is the possibility of obtaining residence in Spain through registration as a de facto couple. This allows them to regularize their legal situation in the country and access certain rights, such as the possibility of working and accessing public health care.
The process of obtaining residence for the foreign partner usually requires the presentation of additional documents, such as certificates of cohabitation and proof of the affective relationship.
Access to social benefits and assistance
Depending on the autonomous region, unmarried couples may be eligible for a series of social benefits, such as housing assistance, grants or family subsidies. In some cases, they may also be eligible for tax relief, although not to the same extent as married couples.
In the field of social security, some autonomous regions recognize unmarried partners as beneficiaries of the widow’s or widower’s pension, provided that certain requirements are met, such as a minimum time of registration in the register of unmarried partners or proof of economic dependence between the members of the couple.
Labor rights
In some autonomous communities, unmarried couples have the right to similar work permits to those of married couples in cases of illness, death or the birth of children. This means that the partner could request paid leave in family emergency situations without their job being affected.
However, these rights are not guaranteed throughout Spain and depend to a large extent on regional legislation and applicable labor agreements. Therefore, it is advisable for couples to consult with their company or union to find out the specific rights that may apply in their case.
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Requirements to be a de facto couple in Spain
To register as a de facto couple in Spain, it is necessary to meet certain requirements, which may vary depending on the autonomous community.
General requirements
- Be of legal age or an emancipated minor.
- Not be married or have another registered civil partnership.
- Prove a minimum period of cohabitation (depending on the autonomous region this can be from 6 months to 2 years).
- Not be related by direct or collateral line of descent up to the second degree.
Bear in mind that each autonomous region has its own requirements for the registration of civil partnerships.
Necessary documentation
To register as a civil 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 that accredits cohabitation.
- Declaration of willingness to form a civil partnership.
- In some cases, witnesses who can attest to the relationship.
Additional documents depending on the case
- If either member is divorced: Marriage certificate with divorce annotation.
- If either member is a foreigner: Certificate of singleness from the country of origin.
- In some regions: Proof of income or employment contract.
Frequently asked questions about civil partnerships in Spain
Many people have questions about the registration process and the rights associated with being a de facto couple. These are some of the most frequently asked questions.
Is it necessary to register as a de facto couple?
It depends on the autonomous community. Some require registration in order to recognize the couple’s rights, while others allow proof of cohabitation by other means.
Can a de facto couple be dissolved?
Yes, dissolution can be by mutual agreement or at the request of one of the partners, by 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.
Formalize your relationship with a common-law partner in Spain
Although it does not offer exactly the same rights as marriage, being a common-law couple in Spain can be an appropriate solution depending on the personal and legal circumstances of each couple.
Civil partnership is an essential tool for the inclusion and well-being of all residents in Spain. Find out about the regulations in your community and the specific requirements and, if necessary, you can count on our legal advice to guarantee the best results.
Do you want a expert consultation? Contact us and we will help you.
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.
