Do you want to formalize a de facto partnership in Barcelona before a notary?
We explain what is necessary for de facto couples
Know all the documentation that is needed to carry out the procedure before a notary that allows you to register a de facto couple in Barcelona (Catalonia).
As notaries with more than 30 years of experience, at the Bosch-Bages Notary Office in Barcelona we can offer you this service appropriate to your needs and inform you of all aspects related to this type of notarial procedure.
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De facto couple price before a notary
El price to become a de facto couple before a notary it's about 140€ approximately. This amount includes the deed of incorporation as a de facto couple plus the electronic registration in the Registry of Stable Parelles of the Generalitat of Catalonia.
What is a de facto couple?
A de facto couple in Spain is when two people decide to live together in a serious and stable relationship, similar to a marriage, but without formally marrying. They do not have to be the same sex.
To be recognized as a common-law couple, they must register in a special registry in their autonomous community, which is like a region or province in Spain. This registration gives them some rights similar to those of marriage, such as benefits in inheritance, taxes and healthcare.
However, not all rights are the same as those of marriage and can vary greatly from one autonomous community to another. Registering as a common-law couple can be a useful process for couples who want to make their relationship official without going through marriage, obtaining certain legal protections and benefits.
Common-law couple in Barcelona
In Barcelona, as in the rest of Catalonia, de facto couples have special characteristics that allow them to enjoy certain rights similar to those of marriage. To form a de facto couple, two people must register in the Registry of Stable Couples of Catalonia.
This can be done if you have lived together for more than two years, have a child in common, or sign a special cohabitation agreement. Once registered, they gain rights in areas such as inheritance, where they can inherit from their partner without being married, and in health matters, such as being able to make medical decisions for the other in the event of incapacity. They also have considerations in the tax and social security fields.
However, there are differences with marriage, especially in how assets are distributed if the couple separates and in adoption, where they may face more limitations. It is important that each couple is well informed, since these characteristics can change with new laws and vary depending on the autonomous community.
The Bosch-Bages Notary Office has a team in the center of Barcelona with more than 20 people who offer their clients the complete catalog of notarial service that any person, company or entity may require.
Specialized and with extensive proven experience in the most complex aspects such as inheritances, wills, mortgage deeds, etc. Don't hesitate to make an appointment if you have any needs.
Documentation to formalize a de facto couple
To register a de facto couple in Barcelona, you need to prepare a series of documents and meet certain requirements. Specific documentation may vary slightly depending on updates to local legislation or policies, but generally includes the following:
- DNI, NIE or Passport: Valid identity document of both members of the couple.
- Certificate of registration: Document that proves that both members live together in Barcelona. This certificate is usually required to demonstrate a minimum period of cohabitation, which can be one or two years, depending on the municipality.
- Affidavit or public deed of constitution of a de facto couple: A document that both members sign before a notary, declaring your intention to form a de facto couple and your cohabitation situation.
- Marital status certificate: Document proving that none of the members is married or in another de facto partnership. This may include a certificate of singleness, divorce, or widowhood, as applicable.
- Domestic Partnership Registration Certificate: If you have been registered in another registry of de facto couples, outside of Catalonia, it is necessary to present a certificate proving it.
It is important to check the website of the Registry of Stable Couples of Catalonia or contact them directly to obtain the updated list of required documents and any additional specifications, such as document formats, fees that must be paid, and deadlines to be met. It is also advisable to make an appointment in advance to speed up the process.
Online services of the Barcelona notary
You can make an online consultation at the notary's office. Or if you prefer you can ask for a date for a video conference with the notary and ask your question.
This type of online notary service is ideal when the preparation of documents is not required. Click this link: online notary to request information.
We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.
If you are interested in receiving more information about this notary service, request an appointment at our Barcelona notary. Our professionals will be happy to answer your questions.
What is the most appropriate option, getting married or forming a de facto couple? We present four key distinctions between marriage and common-law partnership to help you decide which of these forms of union best suits your situation.
When couples consider taking a major step in their relationship, they often wonder whether it is preferable to get married or form a common-law partnership.
The choice depends on individual needs and what each person expects from the emotional union. Legally, both types of union are legally recognized as the free, stable and official coexistence of two people, regardless of their gender.
To formalize a marriage, it is enough to get married. On the other hand, for a de facto couple to be legally recognized and enjoy certain rights, it is necessary to meet several requirements: live together for at least six months, and be single, divorced or widowed.
Differences between marriage and de facto couples
- legal regulations: While marriage is governed by a national law in Spain, the regulation of de facto couples varies by autonomous community, which may result in different rights depending on place of residence.
- Formalization requirements: To get married, you need mutual consent, legal identification, and the presence of two witnesses. De facto couples, in addition to consent and witnesses, must demonstrate continuous and public cohabitation for at least one year. This period may vary in some autonomous communities.
- Economic system: Married couples automatically have an economic regime established that they can choose from several models. De facto couples, on the other hand, must define their economic regime through notarial procedures. Additionally, only married couples can file income tax returns jointly.
- Dissolution of the union: The dissolution process varies significantly; While the marriage can be dissolved after three months through a separation or divorce process, the de facto couple can be dissolved after six months of cohabitation or if one of the members marries another person.
As for children, the rights and responsibilities of married and common-law parents in relation to their children have recently been equalized. In the event of separation, decisions about custody and other aspects will be made during the divorce process or through parent-child measures, respectively, always under court approval.
Economic aspects in separations and deaths
- Marriage: You can request a compensatory pension in the event of separation or divorce, and you are entitled to a widow's pension after the death of your spouse, regardless of the duration of the marriage. The right of usufruct is also granted.
- Domestic partner: The compensatory pension is not automatic and requires a civil procedure. To receive the widow's pension you must be registered for at least two years and have lived together for five years. Regarding inheritance, a will that favors the couple is essential.
- Holiday Courses: Married people have the right to 15 days of vacation for marriage, a right that does not extend to de facto couples.
Common-law Couple FAQ
The couple, in a de facto union, must have been living together for one to two years. The period depends on the Autonomous Community in which they register.
They have the same rights and obligations as married couples in everything related to custody, visits, alimony and other agreements. As for the compensatory pension, it depends on the autonomous community in which you reside and its regulations in this regard.
In marriage, the spouses have legally determined their matrimonial economic regime: community property, separation of assets or partition. However, in the domestic partnership there is no matrimonial economic regime of those regulated in the Civil Code.
Registration in the registry as a de facto couple does not cause legal effects on its members as marriage does.
It has the accreditation of the main public registration entity in the country. It guarantees the exercise of rights that are a consequence of the de facto union. Avoid fraud due to double registration of a de facto union.
By registering as a common-law couple, couples gain legal rights similar to those of marriage in areas such as inheritance, pensions and healthcare. This is crucial to ensure mutual protection and well-being.
Some of the advantages are the right to have work permits, more facilities to adopt, the right to a compensatory pension, tax reductions, health care and widow's pension.
Being a de facto couple does not give you the right to inherit. The right is given in the will, if your partner dies without a will, you do not inherit anything. The Civil Code does not regulate the members of de facto couples as one of the forced heirs when the other dies, unlike what it does with married people.
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