In the Requirements to be a De facto couple, you can find the general information you are looking for on the subject in question.
Spain is dispersed in terms of the definition and regulation of Domestic Partnerships. Since each Autonomous Community has different legislation.
If you are currently planning to join your partner to live, take into consideration the information given here. Find out what this particular situation is like in Spain and then make the final decision.
What are the requirements to be a de facto couple?
In Spain there is no body that unifies the situations of common-law couples. For a de facto couple to exist, certain circumstances and demands must be given to its members.
The Requirements to be a de facto couple, of a general nature are those set out below:
- Must be of legal age or duly emancipated minors.
- The people who make up the domestic partnership cannot be married. If they have been married previously, they must provide the final judgment of divorce or marriage annulment.
- They must not be civilly and judicially incapacitated.
- The union is between two people, it can be heterosexual or homosexual union.
- They must lead a public and notorious life like a married couple.
- The coexistence must be lasting and stable.
- They must not be related in direct line by consanguinity, nor by adoption, nor consanguineous collaterals within the third degree.
- They must have a time together, this point varies according to each Community.
- There must be common interests that facilitate life and family progress.
Spanish law does not have a specific deadline to consider a stable de facto union. You must enter the regulations of the corresponding Autonomous Community, since this is not yet regulated at the state level, but each Autonomous Community has its own regulations in this regard.
If you want to form a common-law couple, these are the documents to be consigned:
- Identification of each of those who make up the couple, the DNI.
- Present the accreditation of marital status.
- Deliver the birth certificate of both.
- Deliver family book, if you have children in common.
- Likewise, the document that proves coexistence must be delivered, that is, the registration history.
- The registration form must be filled out. You can locate it on the website or at the registry office.
- If both agree, they can register the economic regime, that is, the property, participation, separation of property regime. In addition, they can legalize it by notarial document.
- Likewise, they can decide with respect to the patrimony once the coexistence ceases or economic problems occur, determine how the contribution to family responsibilities, the disposition of assets and earnings will be.
They can also decide on the feeding of minor children, allocation of assets, use of housing, among others. All these specifications and more can go in the notarized document, which can later be modified.
Rights to Being a De facto couple
Following with the Requirements to be a de facto couple, you also have the rights held by each of the members of the couple.
The Rights of De facto couples are:
They have the right of widowhood, which is the right to enjoy a stable pension once your partner dies. It is granted under the following conditions:
Those who request the pension must present the accreditation as a common-law partner, that is, they must show the registration or certified registration in the registries of the autonomous community to which they belong.
You can also do it by means of a public document where the de facto couple is recorded. The formal registration as a common-law partner must have been formalized two years before death.
There must have been a stable coexistence, not less than five years and of course notorious at the time of the death of one of the members.
There should not have been during the cohabitation, any impediment to getting married, or that there was any marital bond with another person.
In the event that the survivor’s income is below 1.5 times the amount of the current professional minimum wage. This must be increased by 0.5 for each child of the couple, entitled to an orphan’s pension and living with the surviving member.
The corresponding contribution requirements must be met during the year prior to death. In the event that there are no children of the couple, the percentage will be 25%.
Regarding the children
In common-law couples, the same obligations and rights are maintained with respect to children as in a marriage.
If there is a break in this coexistence, then the existing rules of custody, visitation, pension and all other rights for children apply.
The Economic Regime
In this figure of de facto couples, a certain economic regime is not applicable. As mentioned before, the common-law couple can by mutual agreement establish the regulation of economic relations by means of a public document before a Notary Public.
The members of the common-law couple can perfectly make a pact regarding the economic model by which they will be governed, all within the legal framework and legality and not causing damage or discriminating against any of the parties.
Agreements that harm or violate these principles of the standard are considered void.
Following the Requirements to be a de facto couple, Regarding the tax area, even when they live together and have registered as a common-law partner, this aspect is handled differently.
Domestic partners cannot jointly tax the Income tax. The members of the domestic partnership can only do so individually. That is, they must perform the declaration under the individual modality.
However, in relation to the Inheritance and gift tax, in these two cases the vast majority of Autonomous Communities have leveled domestic partners and spouses. Resulting in that they can have and enjoy the same tax advantages.
It is necessary to be pending in this point, since not all the Communities have assumed it in this way.
Benefits of Being a De facto couple
Continuing with the Requirements to be a de facto couple, now we go on to review the benefits and advantages of being a common-law couple.
exist marked legal differences of being a de facto couple with respect to a marriageHowever, there are also advantages when deciding to form a domestic partnership. It is important to know these benefits, to better identify which option is the most opportune to take.
Next the benefits of forming a domestic partnership:
- Regarding children, the rights are the same as in marriage. That is to say, married parents or in a common-law relationship, the rights are identical. The priority is the minor children, the rule does not change regarding maintenance, custody, parental authority and custody.
- It has the possibility of regulating the economic regime by prior agreement. This signed agreement regulates the property regime and replaces what is by default in civil law. In marriage this regime is that of matrimonial capitulations. Likewise, it is worth saying that certain Autonomous Communities regulate these aspects ex officio.
- possibility of compensatory pension.
- There is also the adoption opportunity. A domestic partner can adopt, as this possibility is recognized.
- You have the right to receive benefits. Domestic partners receive widowhood benefits. They also have the benefit of permits in case of having a sick child or partner.
- One consideration to take into account is that of the requests of the nationality. If the link exists then there will be no problem.
- They have the preference for leases. The rule indicates that domestic partners maintain the right to rent the home. In the event of the death of a member, the survivor has the right to substitute the contract.
Does being a real couple prevent you from adopting?
Following with the Requirements to be a de facto couple, Being in this condition gives you the possibility of adopting on equal terms as a marriage, since this right is currently recognized.
The process is long and there may be additional administrative hassles, but having this possibility is great. If you want to know what documents are necessary to apply for adoption, visit the link.
What is it?
According to the Spanish Supreme Court the Domestic Partnership is a free, stable, public union between two people regardless of sexual orientation, being analogous to the institution of marriage.
The de facto union does not appear regulated by the Spanish state legislation, but there are several Autonomous Communities that have instituted norms to regulate this figure of coexistence as a couple.
Domestic partnerships cannot be equated with marriage. They are different institutions according to the jurisprudential doctrine of the Supreme Court. However, they share elements in common.
This union is also called more uxorio coexistence, which is the one that unfolds through daily, stable coexistence and that is consolidated over time and publicly.
The jurisprudence indicates that they are not comparable, because de facto unions are made up of people who do not want to marry and therefore the personal and patrimonial responsibilities that are linked to the marriage.
If you came this far by reading the Requirements to be a De facto couple, you already have an idea of what is best for you if you are seriously thinking about forming a couple. Take it freely but also with great responsibility.
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