These days more and more couples decide not to get married, choosing alternative ways to give legal form to their romantic relationship. This is where the civil union comes into play or, as it is called in Catalonia, pareja de hecho.
What does “pareja de hecho” really mean?
It is basically a step toward marriage for people who have probably been together for a long time but aren’t ready for marriage yet or those who do not want to get married in general. So why would they do it?
- Residency in Spain. If you’ve done some previous research, you might know that by doing the civil union, you are entitled, as the partner of an EU resident, to 5 years of living and working in Spain, without having to worry about renewals or visa modifications every year or two. And once you pass those 5 years, you apply for permanent residency. The registration of the pareja de hecho gives access to the community family card, with all the rights that this implies.
- Medical leave permission. As their registered civil partner, if anything were to happen to them or to their immediate family, they would be given medical leave at work. This includes maternity or paternity leave should they have children.
- Kids. Pareja de hecho and actual marriage are very similar i this case. According to Spanish Law, mother and father would be entitled to maternity and paternity leave and in the event of a separation, if no agreement had previously been settled, a judge would be responsible for deciding custody, same as in a marriage.
Pareja de hecho in Catalonia
The civil union in Catalonia is a tool that allows couples (regardless of their sex) to avail themselves of a number of rights and duties other than marriage, but with certain protections in several situations: inheritance, widow’s pension, the possibility of alimony or economic compensation for work reasons after the breakup of the de facto union… are some of them.
The starting point for understanding what a de facto couple consists of is that its regulations are not uniform throughout Spain. In fact, there are great differences between the different autonomous communities, since they have a fairly wide margin to regulate their effects. The requirements for this type of union to be constituted also vary depending on the autonomy.
In the case of Catalonia, de facto couples are in luck: its Civil Code and the rest of the applicable regulations equalize the rights and obligations of stable couples with those of conventional marriages in relation to successions, children in common, family reunifications, economic compensation due to work when a separation occurs….
Most of the differences between married couples and stable couples are revealed in aspects of state legislation, for example, regarding taxation or the requirements for granting a widow’s pension.
Requirements
Two people who are in a relationship and live together will be considered a stable couple in any of the following cases:
- At least 2 years of coliving
- If while living together they had a child together
- If the couple registered their relationship via notary (without the previous coliving time required)
In addition, a series of personal requirements must be met for de facto couples in Catalonia, so that the following people cannot form a legal couple:
- Non-emancipated minors
- People who are married and not de facto separated
- People who live as a couple with a third person
In summary, coliving with a duration of more than two years must be demonstrated uninterruptedly, or else have had a child in common during the time of coliving (the duration of two years is not required).
The union must be authorized by a public authority and a notary, and subsequently registered in the Registro de Parejas Estables de Cataluña.
Although registration in this Registry is not mandatory, it will be more favorable to do so: it serves as a simple and forceful means of proof to assert rights in the future before the Administration or before any company or institution that requests this type of document (for example, to get a family insurance).
Registration documents
The documentation required for registration in Catalonia:
- IDs
- Birth certificates
- Certificate of registration of coliving (empadronamiento)
- Family book (if applicable)
This is the general information about registering a Civil Union in Catalonia. In case you have more questions please don’t hesitate to contact us.