Unmarried couples: What rights do they have?

Domestic partnership and marriage are two expressions with which we are all quite familiar. However, when it comes down to it, it is common to make mistakes and think that both mean the same thing, when this is not the case. They are two completely different concepts that are associated with different rights. In this article we would like to talk to you, in particular, about the rights that people who legally join together without getting married have.

What is a domestic partnership?

A domestic partnership is basically a legal union created between two people who wish to live together, in a relationship similar to a marital relationship, on a stable basis. In order to make the union official, they must register it in the Register of Domestic Partnerships.

Registration in the Register of Domestic Partnerships must be made in the territorial delegation of the Regional Ministry of Equality and Social Policies of the Autonomous Community in which the person resides. It should be remembered, in this regard, that the name of the Regional Ministry may vary depending on the region.

In some cases, this registration can also be made at the town hall of the municipality or locality in which at least one of the two partners is registered and has their habitual residence. It should also be noted that, in order for the registration to be effective, both partners must be present, i.e. it is not a procedure that can be carried out telematically.

Main rights held by unmarried partners

Now that we have discussed how to become a domestic partner, it is time to talk about the rights that the law contemplates for this figure. Specifically, they are as follows:

1. Widow's or widower's pension. This is a right that unmarried couples share with married couples, although not in the same way. In order to be entitled to this pension, the spouse who was united with another spouse in a domestic partnership at the time of the death of the latter must prove that his/her income did not reach 50% of that of the deceased and his/her own in the calendar year prior to his/her death. This percentage is valid if there are joint children entitled to receive an orphan's pension. If this is not the case, it is reduced to 25%. It should also be noted that 2 years must have elapsed from the time of the union to acquire the right to a pension and that at least 5 years of uninterrupted cohabitation must be justified.

However, the law also recognises the right to a widow's or widower's pension if the surviving spouse's income is less than the minimum wage in force at the time of death multiplied by 1.5. Also, in the case of entitlement in this way, the multiplication by 1.5 will increase by 0.5 for each child in common who is entitled to an orphan's pension. This means, for example, that a woman with two shared children with her deceased spouse will have an indicated limit of 2.5 times the minimum wage.

2. Leave from work. The right to paid leave for paternity and maternity, accident, illness or death of spouse is also available to unmarried couples to the same extent as for married couples. The additional 15 days of leave for registration in the register can only be taken by civil servants and those whose collective agreement clearly specifies this. In general terms, the law does not specifically provide for this right.

3. Adoption. In theory, unmarried couples have exactly the same opportunities for adoption as married couples, regardless of whether they are of the same or different sexes. However, in practice, they have more complications in overcoming the relevant bureaucratic requirements.

4. Children in common. Unmarried couples have exactly the same rights and obligations as married couples with regard to custody, access, maintenance, etc.

5. Compensatory alimony. This is a complex issue as it depends on the autonomous community in which you live. Whether or not it is a matter that is legally included in the corresponding legislation, what is certain is that it is essential that there is an express agreement between the parties at the time of dissolving the union. If there is no agreement, the member who considers himself or herself to be disadvantaged can go to court and achieve this through conciliation or through a judge's sentence.

How is the separation of unmarried couples carried out?

The separation of unmarried couples with or without children can occur in several different ways and under various circumstances. First of all, if one of the partners dies, the partnership is automatically dissolved. In fact, the same happens 6 months after the application for de facto separation has been filed in the corresponding register, which is the essential document to start the procedure. This can occur by unilateral decision of one of the two cohabitants, and the Registrar is the person who is obliged to notify the other of the cancellation.

On the other hand, if one of the partners marries, either to the unmarried partner or to any other person, the partnership is also terminated and dissolved. This is a fairly rare occurrence, but it can happen, and it is therefore included in the law.

This is the most important thing you should know about the rights that unmarried couples have and the characteristics of this type of partnership. As you will have seen, in many cases, their rights are similar to those of married couples, although on specific issues they are not. From this article it will be easier for you to make a decision about which model suits you best at the moment.

If you have any questions regarding the rights of unmarried couples you can contact one of our family lawyers, we can assist you in person in Madrid or online through our online service throughout Spain.