Dissolution of domestic partnership

The number of people who decide to register in the Register of Domestic Partnerships is growing steadily. In fact, it is a very interesting option for all those who live together but have not decided to take the step of getting married. However, when the relationship deteriorates and ends, it is necessary to dissolve the union. Here we would like to explain how this should be done.

Assumptions and requirements for the dissolution of a domestic partnership

As in the case of marriages, the mere fact that one of the partners expresses the desire to dissolve the union will already lead to its cancellation. Even so, it is important to clarify the assumptions and requirements that can give rise to this process:

• The two parties, by mutual agreement, decide to proceed with the cancellation of the unmarried partnership at the aforementioned registry.
• One of the parties, without agreement with the other, decides to dissolve the partnership.
• The couple marries.
• One of the partners marries another person.
• One or both partners cease to be registered in the Autonomous Community in which they entered into their relationship.
• The members of the couple remain separated for a period of more than 6 months.

In addition, the Partnership Register may also terminate the partnership if it becomes aware that the legally established requirements are not being met. After doing so, it will notify the parties. This is not common, but it can happen.

How to dissolve an unmarried partnership?

The dissolution of a domestic partnership, as well as its formalisation, must be carried out in person at the Registry of Domestic Partnerships of the Autonomous Community in which both partners are registered. To do so, it is essential to request an appointment online, in person or by telephone.

At this point, the procedure can be carried out in two ways depending on the circumstances of the couple:

• If there is mutual agreement between the parties. Both parties shall appear at the Register of Domestic Partnerships at the time and on the date indicated and shall ratify their intention to terminate the partnership. The dissolution will have legal effects from that precise moment.
• There is no mutual agreement between the parties. In this case, the party interested in dissolving the partnership must inform the other party in a reliable manner of their intention to cancel the partnership. The burofax or registered mail are valid tools for this purpose. Subsequently, he or she will go alone at the time and date stipulated in the prior appointment and hand the document to the official in question. The official will then dissolve the partnership and send a notice to the other party for the record.

Therefore, in no case is there any provision for litigation to proceed with the dissolution of an unmarried couple, not even when one of the parties does not agree with the decision of the other.

However, this procedure is a matter for each autonomous community and, therefore, there are details that may vary from one community to another. However, the most common difference is that the only difference is the amount of the fees to be paid to formalise the procedure. For example, the current cost of cancelling a registered partnership in Madrid is 35.70 €.

Conclusions about the cancellation of unmarried partnerships

The cancellation of an unmarried partnership is a quick, simple and cheap procedure, especially when compared to the dissolution of a marriage, even if there is an agreement between the parties and you can go the 'express' route. Even if there is an agreement between the parties and you can go the 'express' route. The reason? It does not require the drafting of an agreement to liquidate the marital property or enforce the separation of property or anything like that. Moreover, the contentious procedure is not contemplated, although it can be used to determine the custody of the children in common if there are any.

We hope we have cleared up any doubts you may have. However, if you still have any doubts, we recommend that you contact a family lawyer who will be able to advise you throughout the process.