Domestic Partnerships in the Community of Madrid.
A domestic partnership consists of public and stable cohabitation between two people of different or the same sex, with common interests in developing a family life.
At the national level, there is no law that regulates domestic partnerships. Some Autonomous Communities have regulated their own law on domestic partnerships or de facto unions (Andalusia, Catalonia, Canary Islands, Extremadura, Galicia, Murcia, Basque Country, Valencia). In Communities where there is no specific law (Castilla-La Mancha, Castilla-León), the possibility of registration in the Registry of Domestic Partnerships is contemplated. There is no common national registry, nor is there an organization that unifies the rights of couples. A person could have a domestic partnership in each of the 17 Autonomous Communities and be married.
Therefore, you should take into account, for the formalization of a domestic partnership, the legislation of your place of residence.
A domestic partnership is not equivalent to marriage. To form a domestic partnership, it must be demonstrated that there is daily, stable coexistence, consolidated over time, publicly and jointly by the interested parties, for a minimum period of 1 year as an indispensable requirement prior to the consolidation of the Domestic Partnership as required in this case by the Registry of De Facto Unions. However, there is the option of becoming a domestic partnership before a notary. The process of registering as a domestic partnership before a notary is extremely simple and consists of two steps. First, you should consult with your lawyer and indicate what goal you want to achieve. On the other hand, you have to schedule an appointment with the notary to sign the document. In a few days, you will have completed the process and you and your partner will secure a range of rights. The only condition is that the link be real and not one of convenience.
In the Registry of De Facto Unions, the registration of the Domestic Partnership is necessary. In the case of the Community of Madrid, it is necessary to request an appointment in advance to be able to carry out the registration in person at the Registry of De Facto Unions of the Community of Madrid, presenting all the required documentation (except the proof of the paid fee which will be presented on the day of registration).
Currently, we can make the same process of requesting an appointment for the registration of the domestic partnership, submitting the registration application online, through the electronic registry of the Ministry. It is necessary to have an electronic ID or one of the electronic certificates recognized by the Community of Madrid.
Initially, you must have the application form for an appointment for registration in the Registry of De Facto Unions of the Community of Madrid and all the accompanying documentation prepared to attach to your application.
The required documentation (original and photocopy are requested) is as follows:
- DNI or NIE, Passport (complete) or valid residence card of the applicants and two witnesses (family or friends over 18 years old). Witnesses can present a copy and bring the original on the day of registration.
- Municipal registration certificate issued by the City Council where they reside. Bulletins will not be accepted.
- Proof of emancipation, in the case of minors.
- Certificate of marital status. For more information about the certificates, see the complementary information section.
In the case of the Fee, model 030, it must be paid prior to the date of registration at one of the deposit entities collaborating with the Community of Madrid, it is recommended that it be done between 2 and 7 days prior to the day of registration. The cost of the registration fee is €82.12.
Once the application and documentation are received, the Registry of De Facto Unions will contact the interested parties and indicate the day and time of the appointment.
Benefits of Being in a Domestic Partnership:
- Paid work leave.
- Healthcare assistance.
- Aid, scholarships, and subsidies.
How to dissolve a domestic partnership?
The separation of a domestic partnership simply occurs with the cessation of cohabitation of the couple, a decision that can be taken by mutual agreement or unilaterally by one of the members of the couple.
Specifically, the reasons for dissolving domestic partnerships in Madrid are:
- Mutual agreement.
- Unilateral decision of one of the members of the union notified to the other in any of the forms admitted in law.
- Death or declaration of death of one of the members of the de facto union.
- Separation of fact for more than six months.
- Marriage of one of the members.
- If both or the only member who was registered in the Community of Madrid, ceases to be so in any of the municipalities within its territorial scope.
In this last case, we clarify that a change of domicile outside the Community where the Domestic Partnership is registered produces the effect of the cancellation of the same from the date of deregistration in the municipal register of the municipalities of the Community of Madrid.
In turn, depending on the cause of the factual extinction, it will be accredited before the Officer of the Civil Registry. Thus, if it is due to death, it is enough to provide the death certificate, if it is due to marriage, the corresponding marriage certificate will be provided, if it is by mutual agreement or separation of fact for more than 6 months, both spouses will appear and freely state so to the Officer.
Once the cause of dissolution is accredited, the Officer will proceed, upon request of the parties, to the cancellation of the registration.
Madrid legislation does not establish the consequences of the extinction of the partnership, nor does it establish or regulate the economic regime, so the members of the de facto union may adopt agreements that they consider convenient in order to regulate the economic effects during the period of cohabitation, as well as to settle them after the cessation of the same. This agreement can be made by elevating it to a public deed, since in the case of a breakup it will be simpler and each of the parties knows what to expect.
Thus, in the case of death or declaration of death of any of the cohabitants, in the Community of Madrid, it is declared that they will not enjoy any rights, unless recognized by will.
Therefore, at the national level, there is no regulation on the rights of domestic partnerships, 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 rights of domestic partnerships are regulated and are comparable to the rights of the widowed spouse.