Common-law couple in Catalonia

First, it is necessary to establish a clear concept of a Domestic Partnership, and what is understood by a Domestic Partnership.
In Catalonia, a domestic partnership or stable partnership is understood as the union of two people who cohabit in a community of life analogous to marriage, in legally indicated cases.

The applicable regulations in this matter are Law 25/2010, of July 29, of the second book of the Civil Code of Catalonia, relating to the person and the family. Specifically, this matter is found in Chapter IV of Title III of said law, titled “Stable Cohabitation in Partnership”.

However, this Law has been recently modified due to the creation of a Public Registry of Domestic Partnerships in Catalonia.

DECREE LAW 3/2015, of October 6, amending Law 25/2010, of July 29, of the second book of the Civil Code of Catalonia, relating to the creation of the Registry of stable partnerships. – Official Gazette of Catalonia of 10-08-2015

Article 1. Creation of the Registry of stable partnerships An additional provision is incorporated into Law 25/2010, of July 29, of the second book of the Civil Code of Catalonia, relating to the person and the family, with the following content:
Registry of stable partnerships:

The Registry of stable partnerships is created for publicity purposes, attached to the department competent in civil law matters, through the management center that has its competence.
In the Registry of stable partnerships, the public deeds of the constitution of the stable partnerships, their modifications, and, where appropriate, their extinction, as well as the notoriety certificates relating to the cases regulated by article 234-1, a) and b) are registered.

Article 2. Organization and operation of the Registry of stable partnerships

ORDER JUS/44/2017, of March 28, is the regulation by which the Regulation of the Registry of stable partnerships of Catalonia is approved. – Published in the Official Gazette of Catalonia of 03-31-2017

Creation of a Unique Registry of Domestic Partnerships in Catalonia

Created with the intention of concentrating all the information on stable partnerships as well as enabling the exercise of certain rights, such as in the field of obtaining residence as a family member of a community member; as in widowhood pensions.

It is an administrative Registry where stable partnerships constituted according to the Civil Code of Catalonia can be voluntarily registered, with the consent of both cohabitants. The extinction can also be registered.

The corresponding Certificate can be requested to accredit the existence of not only the stable partnership but also that it is duly registered in a Public Registry.

When is there a domestic partnership in Catalonia? Who can register in the Registry of Domestic Partnerships in Catalonia?

Article 234 – 1 of the Civil Code of Catalonia provides that two people who cohabit in a community of life analogous to marriage will be considered a stable partnership in any of the following cases:

  1. If the cohabitation lasts more than two uninterrupted years, within the territory of Catalonia.
  2. If during the cohabitation, they have a common child.
  3. If the members formalize the relationship in a public deed (i.e., before a notary)

In this Registry, all couples residing in Catalonia who wish and prove to meet some of the indicated conditions can be registered. Those people who are already constituted as domestic partnerships (stable partnerships) can request the Municipal Registries or Notaries to send the information about the constitution of their partnership to the new Registry of domestic partnerships, from which the due Certificate can be requested.

Excluded cases: Regarding all those situations that do not allow the constitution of a domestic partnership or stable partnership, we find the following legally stipulated, and based on which they cannot constitute a stable partnership:

  • Minors who are not emancipated.
  • People related by direct line of kinship, or in the collateral line within the second degree.
  • Married people who are not separated in fact.
  • People who cohabit in partnership with a third person.

Rights and effects of the recognition of domestic partnerships in Catalonia.

  • Economically, if one cohabitant has worked for the house substantially more than the other, or has worked for the other without remuneration or with insufficient remuneration, they have the right to economic compensation for this dedication, provided that at the time of the cessation of cohabitation, the other has obtained a higher patrimonial increase.
  • In terms of alimony, if the stable partnership is extinguished during the life of the cohabitants, either of the cohabitants can claim from the other an alimony payment, if they need it to adequately attend to their sustenance. If one of the cohabitants dies before a year has passed since the extinction of the stable partnership, the other, within the three months following the death, can claim their right to alimony from the heirs.
  • In terms of housing, the cohabitant who owns the common home or the ordinary use furniture cannot carry out any act of alienation, encumbrance, or, in general, disposition of their right that compromises its use without the consent of the other or, failing that, judicial authorization.

Regarding incapacitation, in case one of the members of the stable partnership is declared incapable, the cohabitant occupies the first place in the order of preference of the judicial decision.

Registration as a Domestic Partnership enables the granting of a Widowhood Pension to the registered partner of the deceased.

FOREIGNERS: CAN THEY REGISTER AS A DOMESTIC PARTNERSHIP IN CATALONIA?

The answer is Yes

  • Registration as a Domestic Partnership gives the possibility to request foreigners who are nationals of third countries and family members of Spaniards or community nationals for a residence authorization as a family member of a community member. (Until now, family members in these cases had to apply for a residence authorization under the community regime as an extended family).

Registration in the Registry of stable partnerships of Catalonia is voluntary, does not have a constitutive character, and requires the consent of both cohabitants of the partnership.

  • Documentation and place of presentation. – It is possible to register as a domestic partnership in the Public Registry of Domestic Partnerships, as it has been operational since April 1, 2017.

The presentation can be made:

1º.- In person at:

  • Department of Justice
  • Territorial Services of the Department of Justice of Gerona
  • Territorial Services of the Department of Justice of Tarragona
  • Territorial Services of the Department of Justice of Lleida
  • Territorial Services of the Department of Justice of les Terres de l’Ebre

It is necessary to download the form, fill it out, print it, and sign it.

  • It can also be presented by some of the means provided for by article 38.4 of Law 30/1992, of November 26, on the legal regime of public administrations and the common administrative procedure, in accordance with that established in the single repealing provision of Law 39/2015, of October 1, on the common administrative procedure of public administrations.

It is necessary to download the form, fill it out, print it, and sign it.

It can also be submitted through some of the channels provided by article 38.4 of Law 30/1992, of November 26, on the legal regime of public administrations and common administrative procedure, in accordance with what is established in the sole repealing provision of Law 39/2015, of October 1, on the common administrative procedure of public administrations.

To register, it is also possible to request an appointment in advance.

2nd.- Electronically at the Department of Justice or the General Directorate of Law and Legal Entities.

The necessary documentation to request registration as a Domestic Partnership in Catalonia:

  • Identity document of the applicants.
  • Literal or complete birth certificate of the applicants, requested no more than 6 months in advance.
  • Historical cohabitation registration certificate, which must accredit cohabitation for two consecutive and uninterrupted years in Catalonia. Requested no more than 6 months in advance.

If there is no express opposition, the Department of Justice will automatically verify the declared data and documents 1 and 3 will not need to be provided.

THERE ARE NO FEES ASSOCIATED.

PROCEDURE FOR REGISTRATION MODIFICATION OF THE STABLE PARTNERSHIP:

  • It can be modified at any time
  • Necessary documentation:
    • Identity document.
    • Document proving the modification: Stable partnerships constituted according to articles 234.1 and 234.2 of the Civil Code of Catalonia and registered in the Registry of stable partnerships of Catalonia. It must be requested by the cohabitant in a stable partnership to whom the data to be modified affects or by either of the two cohabitants if the data are common.

THERE ARE NO FEES ASSOCIATED WITH THIS PROCEDURE.

EXTINCTION OF STABLE PARTNERSHIP AND CONSEQUENCES:

The stable partnership is extinguished for the following reasons:

  1. Cessation of cohabitation with the breakdown of the community of life.
  2. Death or declaration of death of one of the cohabitants.
  3. Marriage of any of the cohabitants.
  4. Mutual agreement of the cohabitants formalized in a public deed.
  5. The will of one of the cohabitants reliably notified to the other.

The extinction of the stable partnership implies the revocation of the consents and powers that any of the cohabitants have granted in favor of the other.

– THERE ARE NO FEES ASSOCIATED WITH THIS PROCEDURE.

It can be done in person or electronically.