On October 23, 1998, in Spain, the first law on couples who are in de facto unions – la ley de parejas de hecho, came into force. One of the first to adopt it was the Catalan Parliament, and the only political party that voted against the new law was the Popular Party (PP).
This type of union – pareja de hecho has some of the characteristics of a traditional marriage, and at the same time, it has its own distinctive features. For example, those couples who enter into such a relationship can subsequently dissolve it without judicial intervention.
Now let’s look at this popular phenomenon in our society in more detail.
What is Pareja de Hecho in Spain?
Pareja de hecho is a legal status that a couple can apply for, provided that they have had a stable relationship in which they have lived together for at least one year. Requires that this relationship be considered public and continuous, this means that there must be relevant documents to prove it and that there has been no interruption in the period you have been together during the last year. This can be confirmed using padron (residence registration), rental agreements, utility bills etc.
It should be noted that the creation of pareja de hecho, or, in other words, common-low partners should not have any legal obstacles (for example, in the form of another marriage), and the presence of a child together or a long-term cohabitation is not a basis for recognizing the parents as pareja de hecho. Also, both pensioners and minors can act as common-law partners (with the written permission of their parents).
As for marriage between persons of the same gender in Spain, the permit for it has been valid in the kingdom since July 3, 2005, and civil partnership is no exception here.
Cohabitation of civil partners can be confirmed by using:
- A notarized contract regulating financial relations of the couple.
- A private contract concluded between partners.
- Joint bank accounts.
- Witnesses confirming the couple’s cohabitation.
Is it Needed to Register the Status of Pareja de Hecho in Spain?
As well as an official marriage, pareja de hecho is the basis of civil society, which must meet certain administrative requirements, although the process of registering a civil partnership itself does not relate to complex administrative procedures.
In each autonomous community, the status of pareja de hecho can be obtained in different ways. For example, registration with municipal or self-government regional authorities is required. Some regions even have their own laws regulating the relations of common law partners. After the request for recognition of the couple as pareja de hecho has been submitted, a decision must be made within three months. The absence of a response from the administration points to a positive decision. However, if the request was rejected, common-law partners have every right to appeal this decision.
Requirements to register pareja de hecho in Spain:
- Not be recognized as legally incapable.
- Be of legal age or an emancipated minor.
- Not be related (blood relatives).
- Have an identity card (DNI) and the corresponding family books for each family member.
- Fill in a form in the registry. The service is provided in the registry itself.
- Present documents confirming cohabitation in the same house.
- Both parties cannot be legally married to other persons.
- Provide the decision to divorce or the annulment of a marriage if you were previously married.
What Rights do Common-Law Partners Have in the Status of Pareja de Hecho?
As mentioned before, each autonomous community has its own laws that regulate the rights and obligations of those couples who have entered into such relationships. However, there are also general rules that apply throughout the Kingdom of Spain.
The pareja de hecho parties have the right to:
- Widow’s pension, provided that the couple was duly registered during the two years preceding the death and lived together for five years;
- Alimony;
- Adoption. However, in this case, the couple may face a number of bureaucratic problems that usually do not concern spouses who are officially married;
- In the presence of rental housing, the common-law spouse has the right to continue renting the dwelling after the death of the partner;
- Inheritance. If one of the partners dies without leaving a will, in some autonomous communities (Aragon, Catalonia, Galicia, the Basque Country, Navarre and the Balearic Islands), the rights of the second common-law spouse are equated to those that would act at the time of an official marriage.
What are Differences Between Pareja de Hecho and Marriage?
Civil spouses cannot file the same tax return: the couple is not an official family unit, therefore it is impossible to get access to joint taxation when calculating income tax and receive corresponding tax benefits.
The marriage economic regime is valid only in an official marriage: that may lie in division of property, joint ownership, shares, etc. As for pareja de hecho, free and separate property ownership prevails in a civil marriage, unless otherwise provided by the public agreement of the parties.
How Can Pareja de Hecho Cease To Exist?
Civil spouses may separate by mutual consent or by the decision of one of the partners. To do this, it is necessary to apply at the relevant registry in person and submit a written statement on this decision.
