Difference between marriage and civil partnership
Does a civil partnership have the same benefits as a marriage? What is the most notable difference between marriage and civil partnership? From our notary office in Barcelona, JLA Notarios, we tell you everything so that you can choose the option that suits you best.
Civil partnership versus marriage
To begin our presentation on the difference between marriage and civil partnership, and with the aim of establishing which type of union is more favourable or which offers the best conditions to choose, we will need to establish what is considered to be one and the other.
What is a marriage and what is a civil partnership?
A common-law couple is considered to be one formed by two adults with a relationship lasting more than two years, with a child in common or who have processed a public deed. Common-law couples are regulated by the regional law of each Autonomous Community, so the corresponding regional law must always be taken into account. You can obtain more information in this other blog article:
On the other hand, civil marriage is regulated by state law in the Civil Code and defines a union between two people of the same or different sex.
What is the difference between marriage and a civil partnership?
There are certain particularities that mark the difference between marriage and a civil partnership in our society. Mainly, those related to the requirements for establishment, the management of assets, social benefits, and the rights they may attain.
Rights
In the case of marriage, we find advantages in:
- Receiving compensatory pensions for divorce or separation (this will only be granted to civil partners who have this right recognised according to the autonomous community in which they live)
- Filing the income tax return jointly (civil partners must file separately)
- The 15 days of holiday for marriage, leave for bereavement or illness, hospitalisation or surgery (civil partners do not have this unless there is a collective agreement in their companies)
- Widow's/widower's pension (married couples are entitled, whereas civil partners must prove they have lived together for the previous 5 years (unless they have children) and have been registered 2 years before the death of one of them, in addition to the widow/widower having income below an established limit).
- Receiving part of the spouse's inheritance (in civil partnerships, in most Autonomous Communities a will must be processed to have the right to inherit)
There is equality of conditions regarding paternity and maternity benefits.
Economic regime
If we consider the difference between marriage and a civil partnership, the economic regime is a fundamental aspect, and it is that a civil partnership has no economic regime, unless it is established through a Notary at the time of signing the civil partnership. However, a marriage can adopt the various existing regimes: separation of assets, community property, or participation.
End of the relationship
In this case, civil partners obtain benefits related to the dissolution of the partnership, as it can occur immediately and by mutual agreement or at the will of only one of the members of the couple. For their part, in marriages, divorce involves a series of more formal and rigorous legal formalities and procedures that must be respected, to the extent that if there are minor or dependent children, the divorce must be judicial.
In the case of a civil partnership with children, the future is established through parental measures processes and not through divorce or separation. Furthermore, agreements approved by the judge can be reached, and if there is no agreement, through contentious proceedings.
Differences between marriage and domestic partnership in Catalonia
In Catalonia, the rights of stable couples are equated with those of marriages in different matters.
The same rights and obligations are obtained in terms of taxation (taxes), succession, compensation for working at home without receiving financial compensation, or regarding children in common. In property regimes, it can be chosen as appropriate (community property or separation of assets) and the management of assets is administered separately.
Regarding the widow's pension, the Register of Stable Couples of Catalonia was established in 2017 so that de facto couples can receive the widow's pension, meeting certain requirements established by legislation.
JLA Notaries, Notary for civil partnerships
As you have seen, marriage offers mainly economic advantages by establishing the difference between marriage and a civil partnership. However, choosing between one and the other is a very personal decision, as a civil partnership offers greater freedom when ending a relationship and is equated with marriage according to the legislation of the autonomous communities. Indeed, nowadays the rights of both are increasingly equalised. To be able to determine precisely what is most convenient, contact us and we will assist you in obtaining the best benefits both in economic regime and in other aspects.
For this reason, we advise you to consult with our Notaries in Barcelona specialising in civil partnerships. Arrange an appointment by writing to us at the email bcn@jlanotarios.com or by filling in the contact form on our website. We will resolve all your doubts about how to become a civil partner in Barcelona and we will be delighted to assist you at our notary office in the Eixample of Barcelona, on the same Avenida Diagonal of Barcelona.
