What does civil partnership mean?
If you are considering establishing your residence or wish to strengthen your bond with your loved one, registering a common-law marriage may be the easiest and most streamlined way to go.
That is why, in this text, we have endeavored to gather the most common doubts related to the common-law marriage, while offering you a detailed explanation of this legal procedure.
So, if you are interested in discovering the requirements, the essential documents, the application process and other relevant data about the civil partnership, read on!
Differences between civil marriage and marriage
Both de facto union and marriage are ways for people from other countries to obtain residency in Spain. Both grant the right to receive a pension if the spouse dies and allow the adoption of children together.
However, there are significant differences between the two. The legislation governing them is not the same, and the mode of registration is not the same either. In addition, there are other notable differences in terms of inheritance, taxation as a couple and employment benefits that distinguish one from the other.
To choose what is best for you, it is crucial that you carefully examine both the differences and similarities between these options.
Benefits of domestic partnership:
- In certain specific circumstances, such as the death of one partner, the other partner is entitled to receive a widow's or widower's pension.
- The partners can agree on an economic system that will legally govern their relationship.
- In several Autonomous Communities of Spain, unmarried couples receive the same tax advantages in inheritance and gift taxes as married couples.
- Unmarried couples have the ability to adopt children just as married couples would.
Spanish civil partnership legislation
Civil partnerships in Spain are governed under law 2/2003.
However, this legislation only defines and frames de facto unions within its legal context, without regulating them properly.
The reason for this is that de facto unions are managed at the level of each autonomous community. That is to say, the rules governing these partnerships depend on the provisions of the autonomous community where the partners reside.
Therefore, the requirements, the necessary documentation and the benefits of this type of union vary considerably depending on the region where you live.
Benefits of registering as a de facto couple
Benefits and advantages of registering as a domestic partner:
- First of all, the application process is very quick and simple (especially compared to marriage).
- The requirements (which we will see below) are easy to meet.
- Registering as a domestic partner with a European citizen will allow you to obtain residency in Spain.
- Once the residence permit is obtained, this procedure also facilitates the acquisition of citizenship.
- As long as you have lived with your partner in Spain for a minimum of 3 years (living and registered together), you will be able to terminate your domestic partnership and continue to maintain your residency in the country.
Which are the main requirements to register a civil partnership?
The requirements for the common-law marriage may vary according to the autonomous community or region where the procedure is carried out. However, there are certain conditions that are common throughout Spain. These include:
- The member of the couple who is a citizen of the European Union must reside in Spain.
- Both partners must be registered in the municipal register at the same address.
- Depending on the region, it may be necessary to demonstrate a minimum period of cohabitation prior to the union.
- The civil union must be formalized before a notary by means of a public deed.
- Both partners must be of legal age or legally emancipated.
- Neither partner may be legally married to another person.
Required documents
To form a domestic partnership, the documents that are generally required are:
- Identity documents of both members of the couple.
- Certificate of empadronamiento ("Padrón"), which serves to prove that both live together.
- NIE (Número de Identidad de Extranjero) of each member of the couple.
- Family record book, if applicable.
- In some cases, as required by law, a document that proves the length of time the couple has been living together.
It is important to note that the specific documentation required may vary considerably depending on the autonomous community or locality where the registration of the union takes place. Therefore, it is always advisable to verify the exact requirements in the region where the domestic partnership is to be formalized.
How long does it take to register a civil partnership?
The registration of a civil union is a fairly quick process. The formalization before a notary is carried out immediately, especially if assistance is received to complete all the necessary formalities. In other words, it is enough to present all the required documentation, and the domestic partnership will be legally registered at that very moment.
There is no need to wait any additional days to confirm whether the registration has been successful or not.
As for obtaining an official resolution, although the union is registered immediately when going to the notary, there is a lapse of 2 to 3 weeks before the process is 100% complete and registered in the civil registry. During this period, legal procedures related to obtaining residency as a family member of an EU citizen can be initiated. It is important to note that, although it is not an official resolution, it will be known beforehand that the registration has been effective.
Where to register your civil marriage
To register a civil union, it is necessary to schedule an appointment with any notary public located in the city where the members of the couple reside. It is not possible to register online or through a direct face-to-face process.
Once the couple has been constituted before the notary, he/she will be in charge of sending the documentation to the corresponding civil registry so that the union is legally valid.
How to the residency after constituting civil partnership
It is possible to obtain a residence permit in Spain by registering a civil union, especially in cases where the union is between an EU citizen and a non-EU citizen.
Many citizens from countries outside the European Union choose to form a de facto union for the purpose of obtaining their residence permit. The procedure for obtaining a residence card as a family member of an EU citizen (as the process is called) is quite simple and quick.
Below is a step-by-step guide that will show you how to obtain a residence permit in Spain once you have registered your domestic partnership.
It is possible to register your partner and obtain a residence permit in Spain while you are in the country as a tourist. This is one of the few immigration procedures that does not require you to do it from your home country. You can enter Spain with a tourist visa, register your civil union and then start the procedures to obtain the visa as a family member of an EU citizen. In addition, if you exhaust the 3 months allowed as a tourist, you will still be able to continue with the process without difficulties.
As for the possibility of registering the couple in one city and obtaining the residence permit in another, as long as the couple is registered in a Spanish public registry (foreigners' registries would not be valid), there will be no problem to obtain residence in any other city or region different from the one in which the initial registration was made.
Request personalized legal assistance
If you need legal advice in Spain of any kind, both for the constitution of your domestic partnership and for the subsequent obtaining of the residence, in TA Lawyers we can help you with it.
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