Becoming civil partners in Spain
A civil 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 civil partnership?
Requirements to register as civil partners
- 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 Civil Partnerships you wish 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 registered civil partners in Madrid, in which case, it is essential to register in the Registry of Civil Partnerships 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.
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What registration does and does not give you
Registering as a civil partnership in Spain is often assumed to be a lighter form of marriage. It is not, and the difference matters.
Registration does give access to certain regional benefits, recognition for residence and immigration purposes, standing in some administrative procedures, and — in most regions — the position of the surviving partner for the purposes of a widow’s or widower’s pension, subject to the requirements of social security legislation.
What it does not give is equally important. There is no matrimonial property regime, so each partner keeps what is in their name. There are no inheritance rights under the Civil Code, which means that without a will the surviving partner may inherit nothing. And there is no compensatory allowance if the relationship ends.
For couples with assets or children, this usually points towards two additional documents: a will and a cohabitation agreement.
Registering in Madrid as a foreign national
The Madrid register requires both partners to be of legal age or emancipated, not to be married or registered in another partnership, and to prove stable cohabitation, generally through the municipal registration certificate.
Foreign nationals need to produce documents issued in their country of origin: a full birth certificate, proof of civil status or of no impediment, and identification. These generally require the Hague Apostille and a sworn translation into Spanish. Where the country of origin does not issue a certificate of civil status, an alternative form of evidence has to be prepared, and that is often the point at which applications stall.
Will a Spanish civil partnership be recognised abroad?
Not automatically. Recognition depends on the law of the other country, and the differences are considerable. Some States treat a foreign registered partnership as equivalent to their own; others recognise it only for limited purposes; and others do not recognise it at all.
For couples who expect to move, or who hold assets in more than one country, this is worth checking before registering rather than afterwards. Where inheritance is a concern, our page on international succession explains how the applicable law is determined and how a choice of law can be made in a will.