Dissolution of a civil partnership in Barcelona

Among the multiple ways to join with your partner, many find the civil partnership as an option to formalise their relationship and obtain legal protection (both for themselves and for their children, if any). However, the end of the relationship in this form of union can happen as in many others. The dissolution of a civil partnership in Spain, and specifically the separation of a civil partnership in Catalonia, is an easy procedure to process which we explain below.

Dissolving a civil partnership consists of formalising the end of the cohabitation relationship of said couple and occurs for various reasons. Specifically, in Catalonia we identify several types of dissolution of a civil partnership. They are as follows:

• Dissolution by mutual agreement of the members whereby both members agree to formalise the dissolution of the partnership and appear together before a Notary to process it.
• Dissolution by individual decision of one of them. For this to proceed, one of the members must appear individually at the notary and duly notify the other person.
• Death of one of the cohabitants: in this case, the partnership will be extinguished. The death certificate can be submitted to the Register of Stable Partnerships of Catalonia so that the dissolution of the partnership is recorded in the Register.
• Due to cessation of cohabitation of the members of the civil partnership, which must also be communicated in order to proceed with its dissolution.
• Due to subsequent marriage: The subsequent marriage of the couple will cause the extinction of the civil partnership and it will be replaced by the marital union. In this case, no procedure needs to be carried out, but the constitution of the partnership can be presented as evidence when forming the marriage file.

In general, the dissolution of a civil partnership in Barcelona is carried out quickly. Any member can request its dissolution and the requirements depend on the type of dissolution.

Thus, in the separation of a civil partnership by mutual agreement, a public deed must be granted. This deed will include the identification of both members of the partnership, the date of constitution of the civil partnership, the date of its dissolution, and the statements of both regarding the effects of the dissolution. In the case of dissolution by unilateral will, a reliable communication must be included to the partner who does not appear at the notary.

In the case of cessation of cohabitation, it must be proven that it has ceased for a period longer than one year, for which a certificate of registration, a sworn statement, or a professional report may be used. However, this proof is not necessary to dissolve the partnership if both members appear at the notary or only one of them appears and a reliable notarial notification is made to the other member who does not appear.

Regarding the rights of the members of the partnership, their assets are considered private to each one. However, it is common for common assets or the consequences of the breakup to be agreed upon in a Deed of Agreements in Anticipation of the Breakup of a Stable Partnership.

There are certain cases in which our work as legal advisors becomes more complex. Examples include those cases where it is necessary to legally regulate the consequences of the dissolution and certain circumstances following it. In some of these cases, judicial intervention is necessary. The following examples are common:

• The dissolution of a civil partnership with children: judicial intervention is not necessary for the breakup of the civil partnership but it is necessary to establish the parental relationships of the members in cases of dissolution of a civil partnership and the regimes of guardianship, custody, and visitation of the minors, as well as any financial support that may correspond.
• In cases where the dissolution of a civil partnership allows claims for maintenance payments, compensations due to work, or attribution of the family home depending on regional legislation.

For the dissolution of a civil partnership in Barcelona and other locations, it is advisable to have the intervention of a Notary who can advise you throughout the process and provide legal assistance. Additionally, they will help you distinguish between the different legal and regional regulations that apply to you. Furthermore, the dissolution of a civil partnership before a Notary is the fastest and easiest way to dissolve a civil partnership in Barcelona.

In Catalonia, we distinguish the procedure of two types of dissolution of a civil partnership before a Notary: the dissolution of a civil partnership by mutual agreement and the unilateral termination of a civil partnership.

In this case, both members of the couple must appear at the notary with their valid identification document. It will be necessary to identify the deed of establishment of the stable partnership or the registration certificate of the partnership generated in the Register of Stable Partnerships of Catalonia.

The process of handling the dissolution of a de facto partnership at the notary is very quick. On the same day, you will receive your deed of dissolution of the de facto partnership, and the notary will carry out the necessary procedures to register the dissolution of your partnership in the Register of Stable Partnerships of Catalonia. You will receive notification by email that the dissolution of your de facto partnership has been registered.

The unilateral termination of a civil partnership or unilateral termination and dissolution of a stable civil partnership occurs by the individual decision of one of the members of the couple and does not require judicial management.

This type of notarial procedure is quick, but slightly less so than dissolution by agreement between both members of the couple. In this case, it will be necessary for the person wishing to terminate the partnership to go to the notary to sign the deed of termination of the civil partnership.

Afterwards, the other party must be notified in a reliable manner of the decision to dissolve the civil partnership. This notification must be communicated via burofax, registered mail, or notarial request (among other options) that provide proof of both the content and the recipient and their home address. If the member wishing to process the unilateral termination does not know the address, the reliable communication can be sent to the address where the civil partnership was registered, the address where the person is registered on the census, or their legal address for notifications. Additionally, receipt of the notification must be justified, confirming the date of delivery and who received the document.

We take care of the notification procedures following the termination of your civil partnership from the notary’s office. We also handle, once the reliable notification has been made in accordance with the law, the communication of the dissolution of your civil partnership to the Registry of Stable Partnerships of the Generalitat de Catalunya. After the dissolution of your partnership is registered, you will receive an email from this registry confirming that all procedures have been satisfactorily completed.

Thus, we come to the question of why it is important to process the dissolution of a civil partnership. The fact is that living together as a civil partnership generates legal documentation in the name of both parties, which, if not managed properly, could cause grievances in the future relationship of the former couple, legal problems in subsequent marriages, and financial or banking issues.

Likewise, a proper procedure in the dissolution of a civil partnership will avoid having to contact in the future someone with whom the relationship may have been lost or probably has been lost.

Going to a Notary for the dissolution of a civil partnership in Barcelona and other places is essential to guarantee legal security in the procedure, so that it complies with the law and the interests of both parties. The Notary for the dissolution of a civil partnership will advise you on your rights and obligations and will help you negotiate a fair and equitable agreement in order to draft the dissolution deed of the civil partnership in accordance with the law.

Furthermore, granting a dissolution deed of a civil partnership is processed within a short period, being a process that is handled efficiently and quickly. It should also be added that the notarial dissolution of a partnership involves a lower economic cost than a judicial process.

The next step is to deregister the civil partnership if it is registered in the Register of Stable Partnerships of Catalonia or other communities. This procedure is processed through our Notary Office in Barcelona and will save you problems in future actions.

Thus, there is certain documentation to be submitted to the Register that depends on the cause of termination of the stable partnership. As we mentioned at the beginning of this document, there are a series of documents that must be presented to the Register of stable partnerships to achieve the definitive dissolution of the civil partnership.

You should know that at JLA Notarios – Notary Office Barcelona we provide a comprehensive service both in the establishment and in the dissolution of civil partnerships. Therefore, we will take care of all the procedures for civil partnerships signed at our notary office on your behalf, including those necessary to register the establishment and termination of civil partnerships.

The price of the dissolution of a civil partnership is mainly determined by the pages of the partnership termination deed, the authorised and simple copies, and the type of notification that may exist in the process, largely depending on whether it is a mutual agreement action or not. Generally, the price of notarial acts is regulated by the Government and complies with the regulatory framework of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).

However, the exact price of a notarial document cannot be calculated until its specific content is known, that is, until it is signed, as many circumstances can cause it to vary. The number of copies requested of a document, the pages it contains, as well as possible changes or additions, can slightly alter the final price. Regarding the costs of dissolving a civil partnership, you should know that there is a higher cost in unilateral dissolution than in cases of mutual agreement, as there are more procedures to carry out at the notary's office.

If you wish to receive a detailed quote, we invite you to contact us directly through the method that is most convenient for you. You can do so via the contact form on the main page of this website, through the contact section found in the footer of the website, using the direct WhatsApp access at the bottom right of this page, by sending an email to bcn@jlanotarios.com, or by calling us on 93 159 17 62.

As a guideline, we can inform you that, according to the current regulatory framework, the usual price for the formalisation of a SEPARATION DEED OF A CIVIL PARTNERSHIP BY MUTUAL AGREEMENT is between €130 and €180, including VAT. In the case of unilateral dissolution, the average cost of the civil partnership dissolution deed ranges between €180 and €250;.

These indicative prices are calculated for a document of usual content and with the issuance of one authorised copy and one simple copy for each of the interested parties when it is by mutual agreement, and include the various notification and justification diligences in the case of unilateral action.