Entre Trámites » Civil Law in Spain » Advice on pareja de hecho registration in Spain
domestic partnership REGISTRATION in spain
Build a solid relationship as a pareja de hecho in Spain
- Legal constitution as a domestic partnership in Spain.
- Complete management of the application.
- Your own personal manager with unlimited advice.
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What is a domestic partnership? (Pareja de Hecho)
The figure of the domestic partnership (pareja de hecho) in Spain is a formal union between two people living together in a stable manner, without the need for marriage. Here we provide you with the requirements that you must take into account during the constitution of the domestic partnership in the country:
- Stable cohabitation: To be considered as a de facto couple in Spain, a stable cohabitation between the members of the couple is required. If the cohabitation is less than two years and there are no children in common, the only way to prove it is to register the couple in the corresponding registry of the autonomous community where they live. However, some autonomous communities require a minimum period of prior cohabitation in order to carry out the registration.
- Age: Both members of the couple must be over 18 years of age or emancipated.
- Voluntariness: Both partners must be willing to form a stable and lasting relationship, to live together.
- Equality: Both homosexual and heterosexual couples can register.
Benefits of being a domestic partnership in spain
Common rights:
By registering as a domestic partnership, the cohabiting partner is entitled to the same health care as the spouse would be in the case of marriage. On the other hand, this marital status allows access to several subsidies, scholarships, and grants offered to married people.
Inheritance rights:
In the event of the death of one of the members, the other member may have inheritance rights similar to those of the spouse.
Tax and Social Security rights:
In some regions, domestic partnerships have tax and Social Security benefits.
Procedure to become a pareja de hecho in spain
- Domestic partnerships must be registered in the registry of the autonomous or regional government; this means, in the Registry of Unmarried Stable Partnerships (Registro de Parejas Estables no Casadas). To do so, there are two different options:
Through a Notary
The application for domestic partnership before a notary in Spain may vary slightly depending on the autonomous community in which you are located, as the laws and procedures may be different. However, here is a general set of steps you could follow:
- Prior Appointment: Request an appointment with the notary of your choice. You can find notaries near your location and contact them to schedule the appointment.
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Documentation:
-Empadronamiento certificate
-Identification documents (DNI or passports, TIE)
-Sworn declaration of cohabitation
-Power of attorney (if necessary) - Appearance at the Notary: Go to the appointment with your partner at the notary. Both of you must be present to make the application. The notary will explain the contents of the domestic partnership deed of registration.
- Signing of the Public Deed: You will sign the public deed of registration of the domestic partnership in the presence of the notary. It is important to understand the content before signing.
Through the Registry of Domestic Partnerships
The application to register a pareja de hecho in Spain may vary slightly depending on the autonomous community, as each one has its own procedure. However, below, we provide you with the general process that can serve as a reference.
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Documentation Gathering:
-Personal identification documents (DNI, NIE, passport)
-Empadronamiento certificate
-Sworn declaration of cohabitation
-Documentation that certifies the relationship (joint rental contract, shared bank accounts, etc.) - Prior Appointment: Request an appointment at the Registry of Domestic Partnerships of the corresponding locality.
- Registry: Go to the appointment with all the documents and complete the domestic partnership application.
- Payment of Fees: Payment must be made before the provision of the Service, and it is recommended to pay the fee (82.12 €) for registration in the Registry of Domestic Partnerships.
- Waiting for Resolution: This establishes that the term for issuing and notifying the resolution will be one month, counted from the filing of the application.
- NOTE: Please also note that 2 witnesses in addition to the couple must be present at the time of registration.
Can I form a pareja de hecho with a foreigner?
Yes, it is possible to register a domestic partnership in Spain with a foreigner. The requirements and general procedures are the same as explained above and apply to both Spanish citizens and foreigners.
Can I obtain the Spanish residence permit after registering as a domestic partnership?
Yes, in addition it is a previous step in many occasions to be able to obtain the residence, especially when many foreigners are in irregular situation and have a Spanish partner.
Registering as a pareja de hecho is a way to regularize the status of a couple in a legal way, in the same way as in the case of marriage. Becoming a domestic partnership is an act that brings a legal perspective to your personal situation.
Note: Just because you already have a family relationship with your (European) partner, you will have the right to reside in Spain and to work legally in the country and you will obtain a Community card (which the non-European citizen will have to apply for) for 5 years.
Spanish citizenship by domestic partnership
- Certain years of uninterrupted residence in Spanish territory are required. The number of years (2, 5, or 10) depends on the applicant's country of origin. In order to obtain Spanish nationality having been a resident as a domestic partnership it is necessary to present the same documents as in the general case:
- Application form, in case of electronic filing, will be replaced by the online form.
- Criminal record certificate from your country of origin, translated and legalized.
- Domestic partnership certificate.
- Empadronamiento certificate.
- Diplomas from the Instituto Cervantes for the Constitutional and Sociocultural Knowledge Test (CCSE) and the Spanish Language Proficiency Test (DELE).
- Complete and valid passport from the country of origin.
- Criminal record certificate from your country of origin, translated and legalized.
- Foreigner's Identity Card, European Union Citizen's Family Card or Certificate from the Central Register of Foreigners or the European Union Citizen's Register.
Still have doubts about the specific requirements for your case?
Application for Domestic Partnership in Spain
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Documentation and Eligibility
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Preparation of the Official Forms
We take care of preparing the application form and the form for payment of the corresponding fee.
Application Follow-up
We advise you on other services you may need after becoming a domestic partnership in Spain.
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Domestic partnership
Notary management-
Schedule an appointment at the notary's office.
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Advice throughout the whole process.
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Review of the required documentation.
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Preparation of the corresponding fee**.
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Online follow-up.
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** The amount of the fees depends on the notary's office where the procedure is carried out
Domestic partnership
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This service only includes accompaniment to the notary's office.
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Applies only in Barcelona.
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Advice on pareja de hecho incorporation in Spain
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FAQ
General Info
It depends. After all, it was this affective bond regulated by the civil union that allowed the non-EU citizen to obtain a residence permit. So, if this legal bond is canceled, the right to reside and work legally in the country is lost.
In this case, the non-EU citizen has the obligation in the following 3 months after canceling the partnership to modify their permit to another type of residence as well as to notify the immigration office that the community regime is no longer applicable to them.
Although it is not mandatory, some couples choose to write a cohabitation agreement that establishes aspects such as financial contribution, property ownership, and other important details.
The dissolution of a pareja de hecho is done through an administrative or notarial process, depending on the autonomous community. Some couples may agree to dissolve their partnership in a friendly manner, while in other cases a more formal procedure is required.
Process
- Evaluation: Our team of experts will evaluate your personal circumstances and determine the most appropriate procedure for you.
- Documentation: We will assist you in gathering all the necessary documentation and information required.
- Application: We will complete and submit your application to the relevant Spanish authorities on your behalf.
- Follow-up: Our team will also monitor the progress of your application and provide you with updates on its status. We will assist you with any additional requirements or questions from the authorities.
Due to the high demand for appointments, neither the dates nor the locations of the appointments depend on us, but on the availability of the corresponding Immigration Office.
Although we cannot guarantee that your application will be approved, we can help you prepare your application and guide you on how to make it as strong as possible.
We have experience interacting with Spanish immigration offices, and can help you navigate the application process, ensuring that all necessary documents are submitted correctly.
If your application is denied, you have the right to appeal the decision or reapply with additional documentation. Our team can help you with this process and guide you on how to proceed.
However, please note that we cannot guarantee a satisfactory outcome, as the decision is ultimately up to the Spanish authorities.
It is NOT included in our services:
- Document translation or criminal record application (however, you can apply for this service separately).
- The cost of administrative fees (only offered separately for tax fee 790-052), the cost of apostilles or legalizations, and the cost of documentation accreditingthe family relationship.
- The service also does not include face-to-face accompaniment to appointments.
Payment
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Payments must be made by debit or credit card.
Our prices are fair and transparent: you only pay for what you need.
Our prices are fair and transparent: you only pay for what you need.
Payments must be made by debit or credit card.
Yes, you can request cancellation of the service as long as your personal lawyer has NOT started to manage your documentation to initiate the procedure.
The money will be refunded to your card in less than 14 days. See our Commercial Conditions.
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