A domestic partnership, or “pareja de hecho,” is a formal recognition of a stable, public, and lasting cohabitation between two people, regardless of their gender. This partnership aims to provide couples with legal rights to facilitate their family life.
What Is a Domestic Partnership?
Domestic partnerships are recognized at the regional level in Spain, as there is no national law regulating them. Each Autonomous Community may have its own legislation and requirements. For example, Madrid requires proof of stable cohabitation for at least one year prior to registration.
Key Facts About Domestic Partnerships in Madrid:
- Not Equivalent to Marriage: While domestic partnerships offer some legal rights, they are not equivalent to marriage.
- Local Registration Required: Partnerships must be registered in the region of residence, as laws and benefits vary across Spain.
How to Register a Domestic Partnership in Madrid
Step-by-Step Process (h3)
- Eligibility:
- Couples must prove stable cohabitation for at least one year.
- Both parties must reside in Madrid.
- Documentation Required:
- ID or residence card (DNI, NIE, or passport) for both partners and two witnesses.
- Proof of shared residence (municipal registration certificate).
- Certificate of marital status for both applicants.
- Proof of emancipation if one partner is a minor.
- Payment of the registration fee (€82.12).
- Where to Apply:
- Submit your application in person at the Registry of De Facto Unions in Madrid or online through the Community of Madrid’s electronic registry.
- Appointment Scheduling:
- Appointments must be scheduled in advance, and all documentation must be prepared before submission.
Benefits of Registering a Domestic Partnership
Registering a domestic partnership in Madrid provides significant legal and social advantages for couples, including:
Work Leave Rights
Registered partners are entitled to paid leave for family-related events, similar to those granted to married couples. This ensures legal protection during personal or family emergencies.
Healthcare Benefits
Partners gain access to shared healthcare benefits, including the ability to be listed as a beneficiary under Spain’s public healthcare system, providing peace of mind for both individuals.
Financial Aid
Domestic partnerships qualify for financial assistance, such as scholarships, housing subsidies, and other family-related benefits offered by regional programs.
Simplified Legal Processes
Registration provides formal recognition of the partnership, facilitating joint financial decisions, inclusion in insurance policies, and administrative processes like visa or residency applications for non-EU partners.
How to Dissolve a Domestic Partnership
Dissolving a domestic partnership can occur through:
- Mutual Agreement: Both parties agree to end the partnership.
- Unilateral Decision: One party notifies the other.
- Other Causes: Marriage of one partner, death, or separation for more than six months.
Upon dissolution, the registration is canceled, and any legal agreements regarding property or finances should be enforced.
Frequently Asked Questions
Can we register as a domestic partnership without living together for a year?
No, Madrid requires proof of at least one year of cohabitation unless registered before a notary.
Does registering as a domestic partnership grant inheritance rights?
In Madrid, inheritance rights are not automatic. Including your partner in your will is recommended.
Is a domestic partnership the same as marriage in Spain?
No, domestic partnerships provide limited rights compared to marriage and are subject to regional laws.
Can foreign nationals register as domestic partners in Madrid?
Yes, provided they meet residency and cohabitation requirements.
How long does the registration process take?
The process duration varies, but scheduling an appointment and submitting complete documentation ensures efficiency.