Pareja de hecho is a status confirming a stable relationship between two people who are not officially married. The concept of “pareja de hecho” (registered partnership) opens up many opportunities for the partners. Registered cohabitation with Spanish citizens has come to be treated as equivalent to traditional marriage. Relationships similar to family ties used to give no advantages, but now all residents of Spain with permanent residence can join their partners to them in this way.
How do you officially register a civil partnership with a Spaniard? What aspects of registration should you consider? What advantages and rights does Spanish law give cohabiting partners? We answer all these questions in the article. You will learn what the new status gives a foreigner and what is needed to have the seriousness of a future family’s relationship recognised.
Conditions for recognising cohabitation
Even the strongest union can exist without an official marriage. Couples in Spain often hesitate to register their relationship in the usual way and choose an alternative. Many register their cohabitation because divorce proceedings are quite costly and complicated. A civil partnership avoids such difficulties if the couple splits up, while giving cohabiting partners no fewer rights.
Cohabitation can be officially recognised if the relevant living conditions are met. It is important to meet the requirements set by law:
- The union consists of two people. A couple living together can formalise their relationship officially.
- The relationship between the two people must be equivalent to marriage. A union that does not seem credible will not be granted the status.
- The couple are not married to each other. Marriage is incompatible with a civil partnership.
- The two partners share at least one common interest. In Spain, cohabitation without shared interests or traditions is not recognised as genuine.
- Long-term cohabitation. To register, you must have lived together for the period set by law.
At the time of applying for recognition of cohabitation, each person must be of age and free from the guardianship of guardians or parents. A positive decision is made only if the couple have legal capacity and are independent. People who depend on their parents and are unable to work will not be approved. In that case it will not be possible to obtain cohabitation status. Registration must take place where the couple live.
Spain has no common criteria for assessing a civil partnership: each area has its own rules, governed by the norms and laws of the local autonomous community. You need to have lived together for a minimum period: for example, in Catalonia a couple must have lived together for at least two years, and in Madrid for one year. If the couple have a child together, the length of cohabitation does not really matter.
Documents
To go through the procedure and obtain the new status, you need to apply to the public authorities where the couple live. Before applying, prepare documents that meet the established requirements.
For successful recognition you should provide:
- valid international passports and residence cards for each partner;
- a certificate of joint registration at the same address — how to get one is described in the guide to empadronamiento (municipal registration);
- certificates showing the civil status of each partner;
- a declaration confirming that the applicants are not related to each other in any way;
- a document proving that neither is in a union with anyone else.
If a union was previously registered in another autonomous community, you will have to present a certificate proving that the registration has been cancelled. Each document must be translated and legalised with an apostille.
What a civil partnership gives you
After registration you can reunite the family even if you do not want a wedding. This basis allows you to bring your partner over and, after 5 years, obtain a residence permit. During the first five years the residence permit is purely dependent and is renewed by the partner who requested the reunification, but after that the residence permit becomes independent of the other person. In a long-term relationship, a Russian citizen can settle legally in a foreign country. On the way to a passport a second question arises — whether you will keep your previous one: how Spain views dual citizenship. The route through a partner is the longest available: if waiting five years is not an option, look at the overview of ways to get residence and choose a faster one.
Legislation changes constantly, so it is best to get advice before preparing the application. Careful preparation of documents, meeting the conditions and providing truthful information about the relationship will help you register your cohabitation and enjoy all the advantages of the new status.
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What this looks like in a real case: a breakdown of a couple’s application without a marriage certificate — what the notary asked for, how long registration took and why the deed itself proves legal presence in Spain.
