Learn How to Become Unmarried Partners in Spain

In Spain, becoming a pareja de hecho involves registering with the local authorities in the autonomous community (Comunidad Autónoma) where you reside. Generally, both partners must be at least 18 years old and not be married or in another domestic partnership.

The process typically includes providing documentation such as proof of identity, proof of residence, and a declaration of mutual consent to form the partnership. Additionally, it may be necessary to show evidence of a stable and ongoing relationship, such as joint bank accounts or shared bills.

Once the necessary documents are gathered, the couple can apply at the designated registry office in their community. After a review of the application, if everything is in order, the pareja de hecho is officially recognised.

Keep in mind that specific requirements and procedures can vary between different autonomous communities in Spain. It’s advisable to check with the local registry office (Registro Civil) or seek legal advice to ensure compliance with the relevant regulations.

Case Study: Andalucía
Apply for PAREJA DE HECHO in Andalusia

 Where can I register in the Registry of Domestic Couples in Andalusia?

Registration in the Registry of Common-law Couples of Andalusia can be carried out in those of the Territorial Delegations of the Ministry of Social Inclusion, Youth, Families and Equality, or in the Town Hall of the town corresponding to the habitual residence in Andalusia, that is That is, where one of the members of the couple is registered.

• Access the list of Territorial Delegations

 What requirements must we meet to register in the Registry of De facto Couples?

The requirements that couples must meet to be registered in the Registry of De facto Couples of the Autonomous Community of Andalusia are reflected in both Law 5/2002, of December 16, on De facto Couples , and in Decree 35/2005. , of February 15 , which establishes and regulates the Registry of De facto Couples. In art. 5 of this expressly includes the registration requirements, and it is necessary for couples to document the following circumstances:

• Personal identification.
• Civil status.
• Be of legal age or emancipated minors.
• Not be judicially incapacitated.
• Not be linked by marriage, nor form a stable couple not married to another person, nor be a de facto couple previously registered in the Registry or in any of the Registries of unions or de facto couples created by the municipalities of the Autonomous Community of Andalusia, without recording registration of withdrawal due to dissolution of de facto couples.
• Not be relatives in a straight line by consanguinity or adoption or collateral relatives by consanguinity in the second degree.
• Have habitual residence in a municipality of the Autonomous Community of Andalusia.
• Declaration of willingness to form a de facto couple.

 What documentation do we have to present?

To register in the Registry of Domestic Couples of the Autonomous Community of Andalusia, the couple must complete the application addressed to the Territorial Delegation of the Ministry of Social Inclusion, Youth, Families and Equality, or to the City Council if applicable.

This request must be accompanied by the following documentation:

1. Copy of the identification documents of the applicants (DNI, Passport, residence card or equivalent).
2. Certification of the updated municipal registry, whose date of issue is no more than 3 months from the date of submission of the application for registration in the Registry of Common-law Couples.
3. Certificate from the Civil Registry accrediting emancipation , if applicable.
4. Certification of marital status:
   • The Certifications and other documents accrediting marital status will be originals, and the date of issue thereof must not be more than 6 months prior to the date of submission of the application for registration in the Registry of Domestic Couples.Depending on the nationality of the people interested in requesting registration in the Registry of Domestic Couples, the following documents must be provided:a) Citizens of Spanish nationality:As a general rule, people of Spanish nationality interested in requesting registration in the Registry of Domestic Partnerships of the Autonomous Community of Andalusia must document their marital status, in accordance with the following:
     • Birth Certificate.
     • Faith of life and status (singleness, divorce or widowhood).

     In addition to the above, in the event of divorce or widowhood of one or both members of the couple, they must provide the following documentation:

     • In the case of divorced persons: Marriage certification with marginal registration of divorce or annulment.
     • In the case of widows/widowers: Marriage certificate and Death certificate of the deceased spouse.

     All Certifications, as well as the Certificate of Life and Status, must be issued by the Civil Registry.

     b) Citizens of foreign nationality:

     As a general rule, people of foreign nationality interested in requesting registration in the Registry of Common-law Couples of the Autonomous Community of Andalusia must document their marital status in accordance with the personal law of the country corresponding to the nationality of origin, in accordance with the following:

     • Certification of birth and single status or no proof of marriage, if applicable.
     • Sworn declaration from the interested person of their current marital status (single, divorce or widowhood) in the body that processes applications for registration in the Registry of De facto Couples before the Mayor, Councilor or official to whom they delegate. Said sworn declaration may also be made before the consular bodies of your country in Spain or before a notary public.

     In addition to the above, in the event of divorce or widowhood of one or both members of the couple, they must provide the following documentation:

     • In the case of divorced persons: Marriage certification with marginal registration of divorce or annulment.
     • In the case of widows/widowers: Marriage certificate and Death certificate of the deceased spouse.

     All Certifications must be issued by the Civil Registry, or equivalent body competent in accrediting civil status, of the country corresponding to the nationality of origin, as stipulated in article 9.1 of the Spanish Civil Code. Likewise, said Certifications must be, where appropriate, duly legalized and translated.

     The Certifications may also be issued by the Embassy or Consulate of the country corresponding to the nationality of origin, in Spain, as long as said Embassy or Consulate provides Civil Registry functions, and as follows from the content of said Certification, such as the following: General Consulate of Bolivia in Seville, General Consulate of Peru in Seville, General Consulate of the Dominican Republic in Madrid, any General or Honorary Consulate of Chile, General Consulate of Lithuania in Valencia and General Consulate of Romania in Seville. In any case, the cause or legal reason of the national law that expressly enables such form of accreditation must be justified.

5. Responsible declaration of not being relatives in a straight line by consanguinity or adoption, or collateral relatives by consanguinity in the second degree.
6. Responsible declaration of not being incapable of providing the necessary consent.
7. Responsible declaration that the de facto couple or any of its members is not registered in another Registry as such, or, where applicable, certification from the corresponding Registry of the cancellation or deregistration of said registration.
8. Responsible declaration of not forming a stable, unmarried couple with another person.
9. Public deed or means of proof of the will to form a de facto couple, if applicable.

 How are public documents issued by organisations in other countries legalised?

For public documents issued by organizations from other countries to be valid in Spain, they must be legalized in accordance with the following:

1. Diplomatic or consular route.
   • It is the procedure applied to legalize foreign public documents issued by States that are not signatories to any Agreement or Convention that exempts them from that obligation.On June 10, 2013, there was a modification that affects foreign documents that come from countries NOT members of the Hague Apostille Convention and Conventions Nos. 16 and 17 of the International Commission on Civil Status, as well as those bilateral agreements that exempt from said obligation and want to be enforced in Spain – case of the Exchange of Notes between the Government of Spain and the Union of Soviet Socialist Republics, of 24 February 1984-. Its fundamental novel element consists of the use of a transparent security sticker that will be stamped directly on the signature of the competent officials to legalize the documents. This sticker protects the last signature in the legalization chain – which will always be from an official of the Ministry of Foreign Affairs and Cooperation of Spain – safeguarding it from possible documentary fraud by incorporating the most advanced technologies against counterfeiting.Thanks to the new transparent sticker, when a foreign document has been duly legalized and provided with the security label in the Spanish consular office of the country of origin of the document, it will no longer be necessary for the applicant to complete the ” legalization chain ” before the Legalization Section of the General Directorate of Spaniards Abroad, Consular and Immigration Affairs in Madrid.In this way, citizens who want to enforce a foreign document in Spain will NOT have to go to Madrid to legalize the corresponding official public document or documents before the Legalization Section of the General Directorate of Spaniards Abroad, Affairs Consular and Immigration Offices of the Ministry of Foreign Affairs and Cooperation of the Government of Spain, being fully valid for the purposes of the Spanish legal system from the moment the Consul of Spain in the country of origin of the official public document or documents has stamped on its sign the aforementioned safety sticker.Failing that, that is, if the Consul of Spain in the country of origin of the official public document or documents had not stamped the aforementioned security sticker on his signature, it WILL be necessary for citizens to go to Madrid to legalize the corresponding official public document or documents before the Legalization Section of the General Directorate of Spaniards Abroad, Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation of the Government of Spain -C/Juan de Mena, no. 4. 28014-Madrid-, in accordance with the following procedures:
     • The authorities of the department on which the Civil Registry or equivalent body of the corresponding country depends must recognize the signature that appears therein.
     • Recognition of the previous signature by the Ministry or Secretary of State for Foreign Affairs of the respective country.
     • Recognition of the previous signature by the consular section of the Spanish embassy in the respective country or by a Spanish consular office there.
     • Recognition of the signatures of Spanish diplomatic or consular agents, by the Legalization Section of the General Directorate of Spaniards Abroad and of Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation of Spain -C/Juan de Mena, number . 4. 28014-Madrid-.
     • In this sense, the address and telephone number are provided, as well as the link to the website for Prior Appointment for Legalizations before the General Directorate of Spaniards Abroad and of Consular and Immigration Affairs of the MINISTRY OF FOREIGN AFFAIRS AND COOPERATION OF SPAIN:
       • General Directorate of Spaniards Abroad and Consular and Immigration Affairs:
       • Telephone: 913 791 700 (switchboard) and 913 791 655 (general information).
       • [email protected]
       • Prior Appointment for Legalizations

     The Legalization Section of the General Directorate of Spaniards Abroad and Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation will not legalize documents in the following cases:

     • When the original presented is neither a public document nor a private document notarized to the public.
     • When it does not contain prior legalizations by other authorities established by the regulations.
     • When the signatures that must be legalized are not deposited in the registry of the Legalization Section of the General Directorate of Spaniards Abroad and of Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation.
2. Hague Convention.
   • If the country corresponding to the nationality of origin is a signatory party to Convention No. 12 of The Hague, of October 5, 1961, suppressing the legalization of official public documents, official public documents issued by the civil registries or equivalent bodies of the country of origin of both or one of the persons requesting basic registration registration , must contain the document called ” Apostille of the Hague “, so that said foreign document has validity and legal effectiveness in Spain. On the official website of the Hague Conference on Private International Law, whose address is provided below, you can consult the countries that have signed and ratified Convention No. 12 of the Hague, of October 5, 1961 – http://www.hcch.net/upload/statmtrx_s.pdf .
3. Multilateral agreements between countries that exempt from the requirement to legalize documents issued by them through diplomatic channels, to be presented in organizations of countries that have signed the agreement, such as the following:
   • 3.1. Vienna Convention No. 16 of the International Commission on Civil Status(Official State Gazette No. 200, dated 08-22-1983), for multilingual certifications of birth, marriage or death certificates from Germany, Austria, Belgium, Bosnia-Herzegovina, Croatia, Slovenia , France, Italy, Luxembourg, Macedonia, Montenegro, Netherlands, Poland, Portugal, Serbia, Switzerland and Turkey.
   • 3.2. Athens Convention No. 17 of the International Commission on Civil Status https://www.ciec1.org/rapports-en (BOE No. 112, of 05-11-1981), for documents that refer to Civil Status other than those contemplated in the Vienna Convention No. 16 of the International Commission on Civil Status – birth, marriage or death certificates – from Austria, France, Italy, Luxembourg, the Netherlands, Poland, Portugal and Turkey.
   • 3.3. London Convention No. 63 of the EC (BOE No. 206, of 08-28-1982), for documents issued by diplomatic or consular agents: Germany, Austria, Cyprus, Spain, France, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Sweden, Switzerland and Turkey.Likewise, in accordance with the above, the signatures of its diplomats or consular officers will be exempt from legalization before the Legalization Section of the General Directorate of Spaniards Abroad and of Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation of Spain.
   • 3.4. Exchange of notes between the Government of Spain and the Union of Soviet Socialist Republics, dated February 24, 1984 (BOE No. 93, dated 04-18-1985), which exempts Civil Registry Certifications from legalization through diplomatic channels coming from the following countries: Armenia, Azerbaijan, Belarus (Belarus), Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan.Said Exchange of Notes does not apply to Civil Registry Certifications from Georgia, Estonia, Latvia and Lithuania.
4. Bilateral agreements, signed between Spain and different countries, that exempt from the requirement to legalize documents related to the Civil Registry:
   Agreement between Spain and the Italian Republic October 10, 1983, article 5, (BOE no. 124/1986, of May 24, 1986), on the exchange of documentation in matters of Civil Registry and exemption from legalization of certain documents. Documents that refer to the marital status, capacity or family situation of natural persons, their nationality, domicile or residence, whatever the use for which they are intended, as well as any other document that has been issued for the celebration of marriage or for the formalization of an act of civil status, will not require legalization through diplomatic channels.

Regardless of the multilateral and bilateral agreements that exempt documents issued by foreign diplomatic or consular agents in Spain from legalization through diplomatic channels, the signature of said consular and diplomatic agents must be recognized by the General Directorate of Spaniards Abroad and of Consular and Immigration Affairs of the Ministry of Foreign Affairs and Cooperation of Spain. All this as long as the diplomatic or consular agents of the corresponding countries with diplomatic representation in Spain are not signatory parties to Convention No. 63 of London of the Council of Europe, of June 7, 1968, of suppression of legalization of documents issued by diplomatic or consular agents, in which case said documents will be exempt from legalization.

 What do I have to do to translate a public document issued by an organization  in a language other than Spanish? Is it necessary to legalize said translation?

Documents issued by organizations from other countries in a language other than Spanish must be translated into Spanish by a sworn interpreter authorized by the Ministry of Foreign Affairs and Cooperation of Spain. In this case the translation is exempt from subsequent legalization by said Ministry.

Consulates may also carry out translations, both of Spain in any country, and of the country that issues the document in Spain. In both cases, the translation must be legalized at the Ministry of Foreign Affairs and Cooperation of Spain. In this sense, the documents containing the translations carried out by the Consulates General of Spain in the signatory countries of the London Convention No. 63 will be exempt from legalization by said Ministry.

 How are the documents accrediting registration in the Registry of Common-law Couples of the Autonomous Community of Andalusia legalized so that they take effect in other countries?

The Certifications and Resolutions issued by the Territorial Delegations of the Ministry of Social Inclusion, Youth, Families and Equality, as well as the Certifications issued by the General Secretariat of Families, in order for them to take effect in other countries, must be legalized in accordance with the provisions of the legalization of foreign public documents, but by the corresponding organizations in Spain.

In this sense, depending on the agreements signed between Spain and the country where the document must take effect, the following procedure will be followed:

• a) For countries subject to the diplomatic channel for the legalization of documents: In this case the document necessary to be legalized is the Certificate issued by the General Secretariat of Families of the Ministry of Health and Families. This Certificate must contain the recognition of the signature of the General Secretary of Families by the Technical General Secretary, and must be sent, by the interested parties, to the Ministry of Foreign Affairs and Cooperation of Spain, for recognition of the previous signature and consequent legalization.
• b) For countries that are signatories to the Hague Convention: The document in question, after being signed by those responsible in the corresponding body of the Junta de Andalucía (Territorial Delegations of the Ministry of Social Inclusion, Youth, Families and Equality), must contain The document called ” Apostille of the Hague ” will be carried out either by the Government Secretariat of the Superior Court of Justice of Andalusia located in Granada, or through the Dean of the respective Notarial College or member of its Board of Directors. In this sense, on the following website you can find the notaries authorized in Andalusia to register the Hague Apostille.
• c) For countries with which an agreement has been signed that exempts the document from being legalized through diplomatic channels and other than through The Hague, it is not necessary to carry out any steps to legalize it. The Certifications and Resolutions issued by the Territorial Delegations of the Ministry of Social Inclusion, Youth, Families and Equality, as well as the Certifications issued by the General Secretariat of Families would be valid by themselves.

 Is it necessary for both of us to attend to carry out the registration procedures in the Registry, or can it be done electronically?

Law 5/2002, of December 16, on Domestic Couples, establishes in its art. 5.2 that “In general, the declaration of the will to form a de facto couple may be made by personal appearance of the interested parties before the head of the body in charge of the corresponding Registry, or before the Mayor, Councilor or official to whom they delegate… ”. Likewise, according to the provisions of art. 5.3, “the declaration of the will to form a de facto couple may be made by granting a public deed or by any other means of proof admissible by law.”

Therefore, in both cases, the appearance of the interested parties is necessary to carry out said procedure, which means that electronic means are not contemplated.

 What is the difference between a de facto couple and marriage?

Firstly, with regard to the rights granted to them once the corresponding registration has been made in the Registry of De facto Couples, under the provisions of Law 5/2002, of December 16, on De facto Couples, In the Autonomous Community of Andalusia, cohabitants are equal in law to married couples in the following matters:

• Andalusian regulations in Public Law.
• Residential centers for seniors.
• Drug addiction rehabilitation.
• Information and health intervention.
• Public housing.
• Regional fiscal and tax regulations.
• Public function.

In relation to the rights in the private economy for the equality with marriage of the members of any type of couple with respect to licenses, social action aid, working conditions and similar, what is included in the collective agreements and labor contracts.

In matters not expressly regulated in Law 5/2002, of December 16, de facto couples will be equated to marriage in the legal relationships that they may establish with the various Public Administrations of Andalusia in their own area of ​​​​competence, with the only limitations that may be imposed by the application of state regulations.

Likewise, in matters of Inheritance and Donations, article 17 of Legislative Decree 1/2009, of September 1, which approves the Consolidated Text of the provisions issued by the Autonomous Community of Andalusia regarding transferred taxes, states that :

” 1. For the purposes established in section 2 of this article, the following equations are established:

a. De facto couples registered in the Registry of De facto Couples of the Autonomous Community of Andalusia will be equated to spouses “

Regarding widow’s pensions, Law 40/2007, of December 4 , on Social Security measures , with the date of entry into force from 01-01-2008, in its art. 5 regarding death and survival pensions, introduces modifications to the General Social Security Law to include de facto couples.

In relation to the marital status of the de facto couple, it does not change. The person retains the marital status they had when they registered as a de facto couple. Likewise, in case of withdrawal it does not change either.

De facto couples are governed by the principle of freedom of agreements in relation to the economic regime regulating their property relations, and may establish at the time of their registration or later, the economic regime that they will maintain both for the duration of the relationship and at its end. .

Regarding inheritance, Law 5/2002, of December 16, on Domestic Partnerships, does not regulate anything with respect to property transfers. Therefore, in order for the surviving member to access the third corresponding to the free disposal established in the Civil Code, a will must be made.

On the other hand, regarding the similarity or “ equality ” of de facto couples with respect to marriage, it should be noted that, at the level of state legislation on de facto couples, there is no definition, the doctrine and jurisprudence being those that have been outlining the concept of de facto union, stable couple or cohabitation “ more uxorio ” , that is, “ as one that has to be developed in an experiential regime of daily, stable coexistence, with temporary permanence consolidated over the years , practiced extensively and publicly with accredited joint actions of the interested parties, thus creating a broad community of life, of interests and purposes, at the core of the same home .

Thus, the jurisprudence of the Supreme Court has clearly established that a de facto union “ is not a situation equivalent to marriage ” and since it is not, it cannot be applied to it (in terms of the personal and property relationships between the cohabitants). , the regulations regulating this since those who joined in such a way, even though they could have married, did so precisely to be excluded from the marital discipline and not subject to it.

 Where should I go to request a Certificate of registration in the Registry?

In accordance with the provisions of article 16 of Decree 35/2005, of February 15, which establishes and regulates the Registry of Domestic Couples of Andalusia, the content of the Registry’s entries will be accredited by means of certifications issued by the holder of the body in charge of the Registry, which will be issued upon request of the interested persons, or authorized third parties, to which a photocopy of the personal identification document will be attached. This application will be presented to the body where the registration procedures have been carried out, without prejudice to the provisions of article 16 of Law 39/2015, of October 1, of the Law of Common Administrative Procedure of Public Administrations.

 What do I have to do to complete the registration procedures for deregistering from the Registry of Domestic Couples of the Autonomous Community of Andalusia?

To carry out the procedures concerning the cancellation of a basic registration in the Registry of Domestic Couples of the Autonomous Community of Andalusia, you must go to the organization where you carried out the basic registration or registration procedures therein. The application must be completed and accompanied by the following documents depending on the reason for withdrawal:

• a) In case of death or declaration of death of any of its members: Certificate from the Civil Registry or judicial declaration of death.
• b) In case of marriage of the couple or one of its members: Certification from the Civil Registry or copy of the family book.
• c) In case of dissolution by mutual agreement, effective cessation of cohabitation for a period of more than one year, or unilateral will of one of its members: Declaration in the application itself or personal appearance, before the people in charge of processing the application registration as well as, where appropriate, before a notary public.The unilateral desire for dissolution will be accredited by reliable notification to the other member of the couple, by any of the means permitted by law, preferably through a burofax.In case of ignorance of the address of the other member of the couple for whom the cancellation is requested, as well as due to the obvious impossibility of notification, such circumstances must be recorded in writing.In those cases in which the person requesting the withdrawal unilaterally has been a victim of gender violence, they must provide a copy of the Order of the corresponding Court by which the Restraining Order is agreed.In such cases, reliable notification to the other member of the de facto couple may be carried out by the City Council or Territorial Delegation in charge of processing the registration of withdrawal in accordance with the provisions of art. 42 and 43 of Law 39/2015, of October 1, of the Law of Common Administrative Procedure of Public Administrations.
• d) In case of transfer of habitual residence of both members of the de facto couple to another Autonomous Community: Certification of deregistration from the municipal register.

 What should I do if there is a change in the couple’s address or in the personal information of one of its members?

To carry out the procedures concerning the marginal registration in the Registry of Domestic Couples of the Autonomous Community of Andalusia, the transfer of the couple’s habitual residence, or the change in the personal data of any of its members, you must contact to the organization where you carried out the basic registration or registration procedures. The application must be completed and accompanied by the following documents according to the corresponding data variation:

• a) Due to a change in personal data: document proving such change: DNI, passport, NIE or equivalent.
• b) By transfer of the couple’s habitual residence: Registration certificate with an issue date no more than three months prior to the date of submission of the application for marginal registration in the Registry of De facto Couples.

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