It is possible, starting Monday, April 3, for couples or stable, also called, partners, join the Registration or cohabiting partners of Catalonia. Registration in said Registry is voluntary and free of charge and proves the existence of the couple or permanent couple that, in many aspects of the legislation, is equated to marriage.

In Catalonia, to date, only a small number of municipalities had a record that allowed to enroll cohabiting, but about those who were registered in municipalities where there was a record of these characteristics, the only possibility they had to establish itself as a stable partner or partner was going to a notary to grant the public deed.

Already operating a common register for all Catalonia, born with the desire to concentrate all the information stable couples, regardless of their place of residence.

In addition to the people who register directly, the Registry of de facto couples, will also incorporate the information about the stable couples registered to date in the municipal registers and those constituted in front of the notary. In this last case, the notaries must communicate to the single register the stable couples that they process. With a single record, it will be impossible for a person to register twice with different partners without having registered the termination of the first relationship. In the Registry of de facto partners in addition to registering the de facto couple can also be registered, if applicable, their extinction. For the registration of the stable couple is necessary the consent of both cohabitants but to register their extinction is sufficient with the request of one of them.

When we are stable partner or partner?

The law indicates that a stable partner or partner is formed by two people (homosexual or heterosexual) adults, living with equivalent to those of a marriage conditions continuously for more than two years, which have a child together or have formalized their relationship in a public deed before a notary.

What is needed to enroll in this registry cohabiting?

It is essential to meet, at least, one of the following assumptions:

a.- That the coexistence lasts more than two uninterrupted years.

b.- That the couple has a child.

c.- That the couple has formalized their relationship before a notary by public deed.

If the stable couple meets one of these cases, you can now register, completely free, and telematics or in person at the Registry partners of Catalonia.

Couples without children and with less than two years living together may also enroll in the registry, but first have to establish itself as a stable partner before a notary. But when coexistence is more than two years and when the couple had a son, it is only necessary a certificate of registration or marriage certificate in order to enroll in the registry constant reference.

What we can "benefit" inscription on this register domestic partners?

For example, enrollment in the Register partners, is one of the requirements for life partners or indeed have the right and access more easily to the widow's pension, even if they are not married, provided they meet the requirements by the Social Security Act.

The Civil Code of Catalonia and other standards equal rights and obligations of stable couples or unmarried couples with marriages in relation to inheritance, the children together, family regroupings in case of foreign and economic compensation with why work in case of separation.

On taxes, as well as the rules of social services and benefits, depending on the Generalitat de Catalunya, the domestic partner is equated to marriage. However, no state tax equalization between domestic partnership and marriage. As an example, unmarried partners can not file joint statement on Income Tax of Individuals (income tax).

For its part, the right to health care is recognized both the spouse, in the case of marriage, as unmarried partners cohabiting with the right holder, provided that domestic partners be officially registered.

For any questions, we are at your disposal.

About the Author:


Carmen Lopez

DiG Lawyers