Common-law couples

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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