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Pareja de hecho in Madrid

Parejas de hecho in the community of Madrid

The pareja de hecho consists of the public and stable coexistence between two people of different or equal sex, with common interests in developing a family life.

At the state level there is no law regulating domestic partnerships. Some Autonomous Communities have regulated their own law on common-law or common-law couples (Andalusia, Catalonia, the Canary Islands, Extremadura, Galicia, Murcia, the Basque Country, Valencia). In Communities where there is no specific law (Castilla-La Mancha, Castilla-León) the possibility of inscription in the Registry of Domestic Partners is contemplated. There is no common national registry, nor is there a body that unifies the rights of couples. A person could have a domestic partner in each of the 17 Autonomous Communities and be married.

So you must take into account, for the formalization of a domestic partnership, the legislation of your place of residence.

The pareja de hecho is not comparable to marriage. For the formation of the domestic partnership, stable daily coexistence must be demonstrated, with a temporary duration that is consolidated over time, publicly and jointly by those interested in this fact, for a minimum time of 1 year as an essential requirement prior to the consolidation of the Domestic Partnership required in this case by the Registry of Domestic Partnerships. But there is the option of becoming a de facto partner before a notary. The management of registration as a de facto couple before a notary is extremely simple and consists of two steps. First of all, you have to consult with your lawyer and indicate what is the objective you want to achieve. On the other hand, you have to set a time with the notary to sign the document. In a few days you will have closed the management and you and your partner are assured of a choice of rights. The only condition is that the link is real and not convenience.

In the Registry of Deed Union, the registration of the Domestic Partnership is necessary, in the case of the Community of Madrid, request a prior appointment to be able to make the registration in person in the Registry of Deed Unions of the Community of Madrid, presenting all the required documentation (except the proof of the fee paid that will be presented on the day of registration).

Currently we can do this same process of requesting the appointment for the registration of the domestic partnership, presenting the application for registration online, through the electronic registration of the Ministry, it is necessary to have an electronic ID or one of the recognized electronic Certificates for the Community of Madrid.

In principle, you must have the Request for appointment form for registration in the Registry of De facto Unions of the Community of Madrid and all the attached documentation prepares to attach it to your request.

The required documentation (original and photocopy are requested) is as follows:

  1. DNI or NIE, passport (complete) or valid residence card of applicants and two witnesses (family or friends over 18 years). Witnesses may present a copy and on the day of registration provide the original.
  2. Certification of the municipal register issued by the City Council where they reside. Flyers will not be accepted.
  3. Accreditation of emancipation, in the case of minors.
  4. Certificate of civil status. For more information on certificates see the additional information section.

In the case of the Fee, model 030, it must be paid prior to the date of registration in one of the collaborating deposit entities of the Community of Madrid, recommending that it be carried out between 2 and 7 days prior to the day of registration . The cost of the registration fee is € 82.12.

Once the request is received along with the documentation, the Registry of De facto Unions will contact the interested parties and indicate the date and time of the appointment.

Benefits of the pareja de hecho:

  • Paid work permits.
  • Healthcare.
  • Aid, scholarships and grants.

How can I cancel a pareja de hecho?

The separation of a couple in fact takes place simply with the cessation of the coexistence of said couple, a decision that can be taken by mutual agreement or unilaterally by one of the members of the couple.

So specifically the causes for dissolving unmarried couples in Madrid are:

  • The common agreement.
  • By unilateral decision of one of the members of the union notified to the other by any of the forms admitted in Law.
  • By death or declaration of death of one of the members of the common law union.
  • By de facto separation of more than six months.
  • By marriage of one of the members.
  • If both or the only member who was registered in the Community of Madrid, cease to be in any of the municipalities within its territorial scope.

We stop to clarify that a change of address outside the Community where the Domestic Partnership is registered produces the effect of its cancellation from the date of removal from the municipal register of the municipalities of the Community of Madrid. .

In turn, depending on the cause of the de facto extinction, it will be accredited before the person in charge of the Civil Registry. Thus, if it is for death, it is enough to provide the death certificate, if it is for marriage, the corresponding marriage certificate will be provided, if it is by common agreement for a de facto separation of more than 6 months, both spouses will appear and thus they will freely express it to the person in charge.

Once the cause of dissolution is accredited, the Manager will proceed, upon request of the parties, to cancel the registration.

The Madrid legislation does not establish the consequences of the termination of the couple, nor does it establish or regulate the economic regime, by which the members of the union may in fact adopt agreements that they consider convenient in order to regulate the economic effects. during the period of coexistence, as well as to liquidate them after their cessation. This pact can be done by raising it to public deed, since in the event of a break it will be easier and each of the parties knows what to expect.

Thus, in the case of the death or declaration of death of any of the cohabitants, in the Community of Madrid, it is declared that they did not enjoy any right, unless it is recognized by will.

Therefore, at the state level there is no regulation on the rights of the domestic partnership, it is clear that you must ensure in which community you can register the domestic partnership, because for example in the Basque Country or the Balearic Islands, the inheritance law of couples in fact, if it is regulated and is comparable to the rights of the widowed spouse.