Establishment of a civil partnership before a Notary. Personal effects.
Today I want to talk to you about de facto couples, as it is a recurring topic in notary offices. We need to know that the stable couple union or de facto couple currently has no legal regulation at the state level nor constitutional protection; rather, it has been the Autonomous Communities that have taken on the task of filling this gap by enacting legal provisions to regulate it and give this act legal significance, recognising certain effects or consequences analogous to marriage without being so.
In Catalonia, its regulation is found in the second Book of the Catalan Civil Code, Title III dedicated to the family, and specifically Chapter IV “Stable cohabitation as a couple” is responsible for developing this act.
Civil partnership: what is it?
Now then, without entering into theoretical disquisitions, what is understood by a stable couple or de facto couple in Catalonia?
According to art. 234-1 of the Cccat, a de facto couple is understood as the union of two people (whether a man and a woman, two men, or two women) who live together in a community of life analogous to marriage, provided that the cohabitation lasts more than two uninterrupted years; or, if during cohabitation, they have a common child; or, if they formalise the relationship in a public deed before a Notary, the latter form, the most common, requires the simple expression of the parties' will.
Who can form a civil partnership before a Notary?
Interpreting in a positive sense what is provided in art. 234-2 Cccat, a de facto couple may be constituted by any person of legal age or emancipated minor. Those persons not related by direct lineage, or collateral lineage within the second degree. Any person with the civil status of single, widowed, divorced or separated and, of course, in the case of marital nullity. And, finally, persons who do not live in a stable couple with a third person.
Regarding the above, it is not necessary to prove it by means of documents, a declaration by both persons before a Notary will suffice, warned of the crime they could commit for falsification of a public document.
Register as a civil partnership
What document must I present to the Notary to formalise the relationship? How long does it take?
The documentation that must be presented is as follows:
- Identification documents (DNI, NIE or passport of both)
- Some evidence of the truthfulness of the union, such as witnesses or the certificate of registration of both at the same address (valid for six months), among others.
Once the referenced documentation has been submitted at the Notary of your choice, an appointment will be scheduled to grant the deed of constitution of the couple as soon as possible and without unnecessary delays.
For its formalisation, there is no limitation on notarial jurisdiction, so you may, in exercise of your right, choose the Notary of your trust, provided that your residence is in any municipality of Catalunya.
How is the registration in the Registry of stable couples of Catalonia processed?
Once the civil partnership has been established, it is the Notary who is responsible for processing the registration in the Register of stable couples of Catalonia electronically. This registration is voluntary and does not have a constitutive nature; nevertheless, the administration usually checks its registration for certain subsequent procedures. This register is considered administrative and is attached to the Directorate General of Law, Legal Entities and Mediation of the Department of Justice of the Generalitat of Catalonia.
For the registration in question, the Register usually takes, at most, one month, during which it notifies the Notary electronically whether it has decided to proceed with the registration of the civil partnership or not. This notification may also be sent to the interested parties if they consent to receive this notification at their email address, which they must provide to us and have recorded in the deed.
What legal effects does forming a domestic partnership have? Can I formalise agreements in anticipation of separation or cessation of cohabitation?
As we have already mentioned, the Civil Code of Catalonia provides that de facto couples shall have effects analogous to marriage despite the legal nature of both agreements being different, but as stated in article 234.3-1, “the relationships of the stable couple are regulated exclusively by the agreements of the cohabitants, while the cohabitation lasts.” Likewise, the Resolution of 18 June 2018 expresses this in a similar way, with the economic regimes of marriage not being applicable to de facto couples.
It is true that those united in a de facto couple will have inheritance rights between them; the right to a widow’s pension if certain legal requirements are met; the right to the household goods of the home or domestic furnishings; the right to one year of widowhood, which translates into living for one year after the death in the common home and receiving maintenance charged to the estate’s assets.
Despite the above, we consider that the most appropriate thing would be to formalise agreements in anticipation of separation or cessation of cohabitation in order to clearly establish the legal consequences of their breakup and avoid tensions and conflicts, whether in personal or property matters. Reaching agreements on compensatory pension, measures regarding minor children if applicable, or the use of the family home, but we leave these topics for a later post.
What are the causes for the termination of a domestic partnership?
The causes for which a de facto couple can be dissolved are regulated in art. 234-4 Cccat and are:
- End of cohabitation with the breaking of the shared life.
- Death or declaration of death of one of the partners.
- Marriage of either of the partners.
- Mutual agreement of the partners formalised in a public deed.
- Will of one of the partners duly notified to the other.
Once the de facto couple is dissolved, as a consequence, the consents and powers that either partner has granted in favour of the other are considered revoked.
We hope this article serves all those who wish to establish a de facto couple. If so, and you are looking for a notary in Barcelona to formalise it, do not hesitate to contact us. The entire team at JLA Notarios, and our specialist, David, (d.sanchez@jlanotarios.com) will assist you and prepare the documentation to make your wish to unite with that special person effective.
