How to become a domestic partner 1
Business Legal

How to become a domestic partner

Are you and your partner thinking about being a domestic partner? It is an official way of indicating 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 of a  info-grinik we are going to explain in a generic way how to become a domestic partner, however, you must keep 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 to take the step, you make an appointment with your city council to inform you in detail.

How to become a domestic partner 1

What to do to be a domestic partner: what you need to know

Before explaining in detail how to become a domestic partner, it is important that we know what this type of formality is about. Basically, it is an alternative option to getting married, an official way to indicate to the State that you and your partner are engaged 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 a marriage, although with some differences.

When a domestic partnership is carried out, what is being done is to officially indicate that these two people unite in a stable way 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 domestic partner can be carried out in different ways:

  • Notary: by means of a notarial deed it can be attested that both people have an official and stable relationship
  • Registration of domestic partnerships: it is the other option that currently exists and consists of the members of the couple registering. For this to be done officially it is important that the couple has been living for a certain time (this period is stipulated by each Autonomous Community)

As happens when two people marry, the moment a couple becomes a domestic partner, they immediately assume rights and obligations that are somewhat different from those of couples who marry conventionally.

How to become a domestic partner 2

Documentation necessary to become a domestic partner

Let’s tell you now how to become a domestic partner so that you know everything you need to take into account. 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 to fulfill a series of specific duties and rights. However, these rights and obligations vary depending on the Autonomous Community in which we find ourselves since, even today, there is no law on domestic partnerships that works at the state level.

In order to take the step and become a domestic partner 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 partner
  • Proof of the marital status of each one
  • The family books of each of the members
  • Fill out an official form that you will be given in the registry
  • Documentation proving that the minimum coexistence required by the Autonomous Community is met
  • In the event that one of the members has been married, he must file the nullity or 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 you want to follow, the steps to follow in the event of a breakup, family burdens, etc. This document, although it is not mandatory, is highly recommended that it be delivered so that, at a legal level, 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 domestic partner you have to know that, the most usual thing is to go to the Registry that is enabled in each Autonomous Community. However, another legal way is to do this procedure by means of 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 domestic partnership 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 domestic partner

Now that you know how to become a domestic partner, it is important that you know what are the advantages that you can begin to feel thanks to your union. Below we will indicate the topics that cause the most doubts and compare them with the marriage regime so that, thus, you also see the differences between getting married and being a domestic partner.

Children in case of separation

Whether you are married or a domestic 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 custody of the minor and carry out the legal procedure that is required.

The compensatory pension

Some Autonomous Communities have the regulation of 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 first to know what the situation may be in case of rupture. In the case that it is a domestic partner who applies 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.

Widow’s pension

In this case, there are great differences between people who marry and those who become a domestic partner. In the case of the former, 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 that the one who has survived receives. However, in the case that the couple is in fact, in order to receive this pension you must prove the following:

  • Who have been a domestic partner for at least 2 years
  • That during the 5 years prior to death they were living together
  • That the income of the person who remains alive does not exceed a certain amount (fixed by each Community)

Work permits

Domestic partners can join work permits in the event that the other partner is sick or dies. Similarly, they also have maternity or paternity leave, as is the case with married couples.

Successions in the domestic partnership

It is important that you know that, as a domestic partner, you do not have any inheritance rights. For this reason it is essential that a will always be signed specifying what to do in the event of death. Otherwise, your partner won’t keep anything.

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