Becoming common-law partners
A common-law partnership or unmarried partnership is a stable and emotional union between two individuals, regardless of their sexual orientation, in an affectionate relationship similar to marriage.
The decision to formalize this situation varies depending on the region or area in which the couple is registered, as regional administrative laws regulate this matter. Although the requirements are quite similar across regions.
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How to register as a domestic partnership?
Requirements to become a domestic partner
- Union of two people in a free, public and notorious way.
- To live together as a couple for a certain period of time, which varies depending on the Autonomous Community.
- To be registered and reside in the Autonomous Community whose Registry of Domestic Partners is intended to access for the purpose of obtaining the rights.
- Not be subject to the prohibitions provided by law such as being a minor not emancipated, persons bound by the marriage bond not judicially separated, being a relative in a straight or collateral line up to the third degree…
We are going to focus on the specific case of becoming a common-law couple in Madrid, in which case, it is essential to register in the Registry of Common Law Couples in Madrid. This inscription is made by virtue of a contradictory file before the person in charge of the Civil Registry, requiring the presence of two witnesses of legal age in full exercise of their civil rights.
First of all, it is necessary to fill out a form to request appointment and to present it with the indicated documentation (D.N.I. or passport, certificate of census registration, certificate of civil status…).
Then, on the indicated day, the couple will go with their witnesses, provided with ID or passport. It is important to note that no more than 8 people are allowed between the couple and the witnesses who must attend.
The procedure ends with the registration and certification issued by the person in charge. With this certification it is accredited that they have all the rights and obligations that the Law grants to the registered partnerships, that although, they are not fully comparable to marriage, in many aspects they are similar.