How to become a de facto couple
Are you and your partner thinking about being a de facto couple? It is an official way to indicate to the State that you are a formal and stable couple, therefore, you can benefit from a series of advantages that couples who are married usually enjoy. In this article we will explain in a generic way how to become a de facto partner, however, you should bear in mind that, depending on the Autonomous Community in which you reside, there may be some extra requirements that are not contemplated here. We offer you the most general information but it is important that, if you are sure of taking the step, make an appointment with your municipality to inform you in detail.
What to do to be a domestic partner: what you should know
Before explaining in detail how to become a de facto partner it is important that we know what this type of formality is about. Basically, it is an alternative to getting married, an official way of telling the state that you and your partner are committed and that you have a solid and stable relationship. For practical purposes, it is a type of documentation that, in the eyes of the State, considers you as a marriage, although with some differences.
When a de facto couple is carried out, what is being done is to officially indicate that these two people unite in a stable manner and that their union is carried out freely and publicly. The bond that exists from that moment between the couple is very similar to that which exists in the case of marriages.
You have to know that becoming a partner can be done in different ways :
- Notary : a notarial deed can attest that both people have an official and stable relationship
- Register of de facto couples : this is the other option that currently exists and consists of the members of the couple registering in the registry. For this to be done officially it is important that the couple have some time of cohabitation (this period is stipulated by each Autonomous Community)
As happens when two people get married, at the moment when a couple becomes a de facto couple, they immediately assume rights and obligations that are somewhat different than those of couples who are married in a conventional manner.
Documentation needed to become a de facto partner
Let's now tell you how to become a de facto partner so you know everything you need to consider. First of all, you should know that the main objective pursued by this type of union is to officially recognize that both members of the couple assume a series of specific duties and rights. However, these rights and obligations vary depending on the Autonomous Community in which we find ourselves because, even today, there is no de facto law that works at the state level.
To be able to take the step and become a couple in fact you have to know that there are a number of requirements to be able to register as such. The most generic are the following:
- ID of each member of the couple
- Accreditation of the civil status of each one
- The family books of each of the members
- Complete an official form that will be given in the register
- Documentation that proves that the minimum coexistence required by the Autonomous Community is met
- In the event that one of the members has been married, he must present the nullity or the divorce
You should know that, optionally, the couple can also deliver a document specifying what happens in the event that the relationship is broken. For example, indicate the economic regime that you want to follow, the steps to follow in case of breakup, family burdens, etc. This document, although it is not mandatory, it is highly recommended that it be delivered so that, legally, you have a prior agreement with the steps to follow in the event that something happens between you.
Where to register as a domestic partner?
To be able to register as a couple you must know that, as usual, it is to go to the Registry that is enabled in each Autonomous Community. However, another legal way is to make this process through a public deed that is signed before a notary, as we have indicated in the previous section.
As soon as this deed or registration is registered, the de facto couple is already formalized in the eyes of the State and, therefore, the two members benefit from the rights but must also assume the responsibilities of this union.
Benefits of becoming a de facto partner
Now that you know how to become a couple in fact it is important that you know what are the advantages that you can begin to feel thanks to your union. Next we will indicate the topics that cause more doubts and we will compare them with the regime of the marriage so that, also, you can see the differences between getting married and being a de facto couple.
Children in case of separation
Whether you are married or if you are a de facto partner, when the relationship is broken, the measures taken in relation to the children are the same. Therefore, it will be the couple who will decide how to manage the custody of the minor and carry out the legal procedure that is required.
The compensatory pension
Some Autonomous Communities have the regulation of the compensatory pension in the event that the couple breaks up. But it is important to know that not all communities have this regulation, therefore, it is important to know beforehand to know what the situation may be in case of rupture. In the event that a couple is in fact applying for this pension, you have to know that the method followed to reach the agreement is different: it is usually done through an ordinary trial.
In this case, there are great differences between people who get married and those who become a de facto couple. In the case of the first, if one member of the couple dies, the other is entitled to the widow's pension regardless of how long they have been married or the money charged by the survivor. However, in the case that the couple is in fact, to be able to collect this pension must accredit the following:
- That they have been a de facto couple for at least 2 years
- That during the 5 years before the death they lived together
- That the income of the person remaining in life does not exceed a certain amount (fixed by each Community)
Couples in fact can join the work permits in case the other member of the couple is sick or dies. In the same way, they also have maternity or paternity leave, as in the case of married couples.
The successions in the couple in fact
It is important that you know that, being a couple in fact, you do not have any right of inheritance. For this reason, it is essential that a will be always signed specifying what to do in case of death. Otherwise, your partner will not take anything.