Domestic partnership
A domestic partnership or unmarried partners involves the stable and emotional union of two individuals, regardless of their sexual orientation, in an affective in an affective relationship analogous to that of a married couple.
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Legalizing the partnership and the children
It is advisable to have the unmarried couple recognised in the Register of Unmarried Partnerships, in accordance with the relevant regional regulations. By registering in this register, unmarried couples acquire the rights and obligations of married couples, although it is still advisable to draw up a partnership agreement to regulate economic relations, as this will depend on the Autonomous Community in which the partnership is registered.
Advantages of registering "Registro de Uniones de Hecho"
In Spain, unmarried couples make up 9% of families and are no longer seen as a temporary solution for both partners until they decide whether or not to get married. Many young people choose this form of cohabitation, and some older people also decide to live together as unmarried partners in the long term in order not to lose their respective pensions.
In fact, registering as a civil partner (we can link this to the section on how to become a civil partner) is primarily a property matter. A community of property is established, which is not the same as the community of property possible in a marriage, and the contribution of the partners to the family economy, which is usually proportional to the income they receive.
Other aspects to be assessed are, for example, the acquisition of assets under the community property regime.
Children in common in a domestic partnership
It is unusual that whoever registers as a domestic partner drafts clauses to regulate the custody or parental authority of the children in common in case of separation, since these clauses are null and void. The interest of the children is a priority and it will be the judge in case of separation who will watch over the welfare of the children, whatever the clauses previously included.
In this context of paternal-filial measures, the attribution of the use of the home in case of separation of the members of the couple is also fixed according to what the judge determines to ensure the welfare of the children. If the couple does not have children, the previous regulation of the use of the home can be valid.
Wills in domestic partnerships
In addition to advising you on what measures you should include in the agreements for this partnership, we always recommend making a will. In the event of the death of one of the partners, it is easier for the surviving partner to receive the widow’s or widower’s pension to which he or she is entitled.
