Almost all Spanish Communities have passed laws in order to equate domestic partnerships and marriages, however, the laws vary from one community to another. In this article we refer to the legislation of Andalusia:
If you live in a domestic partnership, you should inscribe it in the Registry of De facto Couples of the Autonomous Community of Andalusia (Registro de Parejas de Hecho) to make it official. With your partnership registered you will be able to take advantage of the rights and benefits stated in Andalusian law for domestic partnerships.
Where to register?
You can go to the one of the territorial delegations of the regional Ministry of Equality and Social Policies (https://www.juntadeandalucia.es/organismos/igualdadpoliticassocialesyconciliacion/consejeria/delegaciones.html). The registration cannot be made electronically
What documents need to be presented?
According to article 5 of Decree 35/2005 of 15.02.2005, the following documents must be presented:
Complete application form no. 001076/7D which can be downloaded from the website of the Junta de Andalucía (https://www.juntadeandalucia.es/servicios/procedimientos/detalle/14/como-solicitar.html)
- Copy of identification documents (passport, DNI, residency card etc.)
- Certificate of town hall registration (empadronamiento), (date of issue less than 3 months ago).
- Certificate from the Civil Registry of the country of nationality accrediting the marital status (date of issue less than 6 months ago).
- Statement of Compliance of not being relatives in a straight line by consanguinity or adoption or collateral by consanguinity in the second degree.
- Statement of Compliance of not being legally incapacitated
- Statement of Compliance of neither the partnership nor one of the partners being inscribed in another Registry or, if so, the certificate of the respective Registry showing that the inscription has been cancelled
- Statement of Compliance of not being married or forming a partnership with another person
If the certificates are issued by a foreign agency, they must be legalized (apostilled) and translated by an official translator.
The partners can freely regulate the rights and obligations arising from their personal relationship. The Registry, however, will not inscribe any agreement that violates fundamental rights and public liberties of one of the members.
Certificate of inscription/Changes of data:
Certificates of inscription are issued by the Registry, where the domestic partnership has been inscribed. Also, changes of personal data must be notified to this Registry. Certificates and information on personal data are only given to the members of the partnership or to an appointed representative.
The partners are not obliged to adopt a financial system, it is voluntary.
It the partners set up a common agreement, it can be submitted to the Registry, so that it has legal effects.
Information on the legal provisions in force can be requested from the Andalusian Public Administrations, especially with respect to the contribution to family charges, the regime of ownership, right to maintenance and what happens if the partnership is dissolved.
If there is no registered agreement on the economic system and the partnership breaks down, it will be the Judge who decides.
In Andalusia applies the Civil Code, so that, in general, there is no right to receive maintenance payments from the partner. However, the partners can arrange such payments in a private or public document. For common children both parents are obliged to provide maintenance, which will also apply if the partnership ends.
Breakdown/Dissolution of the partnership
The partnership is considered dissolved in case that
- one of the partners dies
- the couple marries or one of its members marries
- there is a mutual agreement of dissolution
- there is the unilateral intent of one of the partners
- the partners have not lived together for more than one year.
In case of dissolution of the partnership, the partners can regulate the appropriate financial compensations, however, always respecting the minimum rights mentioned in the applicable legislation. When the dissolution has been certified, the inscription in the Registry will be cancelled. If one of the members of the partnership wants to cancel the inscription in the Registry, he must not only notify the Registry, but also reliably notify his partner.
If one of the partner dies and there is no common agreement for this event, the Andalusian law stipulates that the survivor can stay in the shared property for one year.