¿WHAT IS PAREJA DE HECHO?
Pareja de Hecho is the Spanish name for a Domestic Partnership.
A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee right of survivorship, hospital visitation, and others.
The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and in some of the U.S. states use the term "domestic partnership" to mean what other jurisdictions call civil union, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities.
Among the benefits and advantages there are many and varied. For example, being a de facto couple gives you the same opportunities to adopt as a married couple, although it is true that depending on the legislation of other countries it is possible that only marriages can, but these are only some cases. Facing Spain, same rights.
If you have children in common, in the event of a breakup , the same rights and obligations in terms of custody, visitation or alimony apply, as if it were a marriage, which gives more security. Regarding the rental, the couple can be subrogated by presenting the registration as a common-law partner and proving two years of cohabitation in the event that the owner has died.
Domestic partners also have the same advantages as marriages in the Inheritance and Gift Tax. There is also the right to a widow's pension if it is proven to have lived together for five years and has been registered in the registry for at least two years, although there are also other basic requirements.
¿WHAT IS NEEDED?
Be of legal age.
One partner being a member of the EU
Demonstrate the constitution of the couple by public deed or prove with a legal document the marital coexistence for a minimum period of two years.
It cannot have a kinship relationship (it cannot be a relative up to the second degree) neither by blood nor by adoption.
Not be married
Not having a stable relationship with another person
At least one of the two people must be registered in any town in the autonomous community.
And, finally, demonstrate a minimum period of joint coexistence
In this sense, it is very important to understand that there is no law at the state level that regulates domestic partnership. Each autonomous community has its own rules and conditions to allow registration , and this must be ensured before starting the procedure.
That is why in some Autonomous Communities a minimum time of coexistence with the couple is required . This period can be a minimum of 2 years, 1 year or 6 months; while in others such as Catalonia or Aragon it is not necessary to show any minimum term.
However, if the members of the couple have children jointly, then it will not be required to prove any minimum coexistence , since it is presumed (it is taken for granted in favour of the care of the minor).
To formalise the union with a public deed by a notary, it is sufficient to present the notary with-;
Remember–any of these documents that are not in Spanish must be translated officially first. Sometimes the process of requesting documents from the States and getting them translated is what takes the longest, so it is best to start requesting documents as soon as possible.
Original and copy of non-EU member’s NIE and the applicants
Original and copy of non-EU member’s passport and the applicants
Original and copy of EU member’s DNI/GreenCard.
Original and copy (always have at least two copies of everything) of your certificado de empadronamiento–this is the official certificate you get from your town hall, NOT the volante, which is like a temporary 3 months one that is normally required.
Depending on your autonomous community and/or province, you may be asked to show a padrón with you and your partner listed on it. I
Official copy of non-EU member’s birth certificate, with the Apostille of the Hague. Both officially translated to Spanish.
Official document and copy (usually obtained in the same office as your birth certificate) certifying that you are not currently married.
Same official document from your partner–in Spain its called “Fe de Vida y Estado”
Original and copy of the application they will give to you
Payment of the fees of modelo-030, costing about €80.
As I said before, this could vary, but very slightly, depending on the AC you’re applying in!
The registration can be done at any time and you will need to provide the following documents:
Completed registration form, printed and signed. You will need Adobe Acrobat Reader to open the file on your computer. The application will only be validated if all the required fields are completed.
To start the registration, go to this website. Each partner will need their own Digital Certificate in order to upload the registration form (one each)
In Catalonia, you are able to register as a Pareja Estable in person or online.