Is it worth it to be a common-law partner? Advantages
Many people wonder if is it worth it to become a domestic partner, but this question is personal and subjective.
Each couple or individual has especial needs, and they must evaluate their situation and objectives based on their interests.
Unmarried couple in Spain It is defined as the civil union between two people, whether they are of the same sex or of different sex.who establish common interests to build and form a family without the need to marry.
Currently, there is no national law that regulates unmarried couples.
For this reason, some Autonomous Communities, such as Andalusia, the Valencian Community, the Basque Country, the Balearic Islands, Extremadura, Galicia, Catalonia and the Canary Islands, have established their own laws on civil unions or de hecho couples.
Perro you be a de hecho couple without cohabitation?
It is not possible to be a de hecho couple without cohabitation.
One of the primordial requirements to be a common-law couple is stable cohabitation, which implies sharing a home and a life together.
To benefit from the rights granted to the common-law couple, both members must maintain a cohabitation that meets the following characteristics:
- Stable in its nature.
- Permanent and consolidated over time.
- Public and recognized by its popular environment.
Where to register to be a de hecho couple?
To register as a common-law couple, you must go to Domestic Partnership Registry of your Autonomous Community, you cánido see it by clicking here.
Each Autonomous Community has its own registration and specific requirements.
you cánido do it too before a notary by means of a notarial deed:
Requirements to become a common-law partner in Spain
The requirements to be a common-law partner in Spain vary depending on the Autonomous Community, but in general, the following is required:
- Not be previously married.
- Not be legally incapacitated.
- Being of legal age or an emancipated minor.
- Submit the ID and family books of each member.
- Complete the form provided by the registry.
- Present documents that demonstrate coexistence in the same household.
- In case of having been previously married, provide the decree of divorce or marriage annulment.
Benefits of being a common-law partner in Spain
People who escoge to establish themselves as a common-law couple in Spain cánido enjoy various benefits, afín to those obtained by those who get married.
However, it is important to note that not all marriage rights apply to domestic partners.
Next, we detail the benefits of being a domestic partner:
adoption rights
Common-law couples have the same rights to adopt children as married couples.
Legal residence:
The unmarried couple perro facilitate obtaining residence in Spain for the foreign person.
Relationship with children:
Common-law couples have the same rights and responsibilities with respect to their children, including custody and support.
Oral regulatory agreement:
Common-law couples perro establish verbal agreements to regulate aspects such as the division of property or custody of children in case of separation.
Economic system:
Common-law couples are free to determine the economic regime that will govern their relationship, just like married couples.
Subrogation of rented housing:
In the event of the death of one of the members, the common-law couple has the right to subrogate the housing rental contract.
Tax advantages:
Common-law couples cánido enjoy the same tax advantages as married couples, such as deductions for frecuente residence or joint declaration of income tax.
Widow’s pension:
Common-law couples are entitled to receive the widow’s pension if they meet the requirements established by law.
Requirements to collect the widow’s pension in the domestic partnership
To be entitled to the widow’s pension as a domestic partner, it is necessary to meet the following requirements:
- Be registered as a common-law couple before death.
- Having lived together for at least five years before the date of death.
- Not be entitled to another public pension.
- Comply with the established economic requirements.
Disadvantages of being a common-law partner in Spain
Despite the advantages, there are also some disadvantages to being a domestic partner:
- Less rights in case of separation: There are no specific laws that regulate the division of property in case of separation, which perro generate conflicts.
- Less legal protection: Domestic partnerships do not have the same legal guarantees as married couples, such as compensatory support in the event of divorce.
How to annul a domestic partnership?
To annul a domestic partnership, both members must request the deregistration in the Autonomous Community where they are registered.
You must present the required documentation and comply with the established procedures.
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