The legal system in Spain, understands a stable union of two people without distinction of sex, as “partnership”. This union can be also called nowadays as cohabiting as “more uxorio”.
For the fact that each autonomy gives certain treats or privileges depending on the autonomous community in which registration can take place, this type of partnership can provide both social and fiscal benefits. However, in the Andalusian territory it is very similar to a marriage in some respects, providing the couple with a number of advantages that can encourage many whom in reality meet the formal requirements to be considered as common law partners.
For this reason and to access those privileges or benefits – such as how you interpret the law obliges you to meet basic elements to register officially, and we will study below:
- It refers to a couple, who wish to register their stable union, whether heterosexual or homosexual couple.
- The relation of both can be demonstrated as public and notorious.
- Partners will not be united by marriage or partnership with another person.
The Law 5/2002 of 16th of December, states the following documents need to be registered:
- Personal identification of both partners.
- Accreditation of civil status, proof of not having any other bond by marriage or domestic partnership with another person.
- Over 18 years of age or emancipated.
- Not be legally disabled.
- Not related in a straight line by consanguinity, adoption, or collateral consanguinity in second degree.
- Residence in a municipality of the Autonomous Community of Andalusia.
By registering the partnership in the official registry, you can also add inscriptions relating the agreed regulation of assets of the partnership, in order to define and agree among partners the economic regime that will govern them, because unlike marriage, unmarried couples do not automatically apply a regime.
Some of the benefits granted to unmarried couples, once registered, is to be equipped in law to a matrimony in the following areas:
- Widow’s pension – according to Article 174 of Legislative Royal Decree 1/1994 of 20th June
- Residential centers for elderly
- Access to public housing
- Regulations regarding fiscal and tax autonomy
- Standards in Andaluz Public Law
- Information and health intervention.
As for the equality of unmarried couples in regards to married couples, it should be noted that there is no definite legislation to decode such; being that the current jurisprudence, through time has developed a concept of stable union as common law partnership.
Another benefit of partnership compared to marriage, is the ease and speed with which you can unsubscribe, requiring only the will of termination of any of the partners to formalize the dissolution.
In Daemi Zabala & Asociados we can arrange correct registration of partnership and also advise on the needs of your particular case in relation to the drafting of private contracts between partners, governing clearly both property regime as the economic effects of a possible subsequent dissolution.
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