What are common-law couples?
Common-law couples are those who publicly and stably cohabit with each other, regardless of sex, sharing common interests in developing a family life but without getting married.
What requirements are needed to be a common-law couple in Spain?
- To be of legal age or emancipated.
- There should be no direct kinship between the members of the common-law couples
- Not to be married. If any member has been married before, it is necessary to provide proof of divorce.
- To demonstrate a minimum period of cohabitation.
What regulations exist?
We are facing a lack of state regulation in Spain.
Some Autonomous Communities have regulated their own laws:
- Andalusia: Law 5/2022 of December 16, on common-law couples.
- Madrid: Law 11/2001 of December 19 on Common-law Unions.
- Catalonia: It is regulated in Article 234.1 of the Catalan Civil Code.
- Navarra: Foral Law 6/2000 of July 3 for the equality of stable couples.
These are not the only ones, other autonomous communities also have their own laws.
What benefits or rights are acquired by becoming a common-law couple?
- The same rights and obligations with regard to children as in the case of marriage.
- Paid leave entitlements (paternity/maternity, illness, etc.).
- The same rights to health care as the spouse in a marriage.
- The ability to take over a lease contract in the event of the partner’s death
- Access to grants, scholarships, and subsidies.
- Access to the widow’s pension.
- Easier adoption process compared to if they were not registered as a common-law couple.
What difficulties do common-law couples face?
- They do not have a marital economic regime.
- They cannot file joint tax returns.
- Regarding inheritance tax, it depends on the regulations established by the Autonomous Community.
- Issues with inheritance unless there is a will.
How are common-law couples registered?
One way to demonstrate these unions is by registering them in the Common-law Couples Registry. Although registration is highly recommended, it is not mandatory.
The information is provided by the Autonomous Communities and, in general, the Municipalities. There is no national common-law couples law.
Couples must go to the Autonomous Community where they reside or to the Municipality where they are registered.
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