What does unmarried partnership entail?

We are all used to hearing about domestic partnerships and, unconsciously, to likening them to marriages. However, there are many differences between the two. Therefore, whether you are thinking of formalising your relationship with your partner through this formula or you are simply interested in the subject, here we would like to talk to you about everything that is involved in its constitution.

What is a domestic partnership?

The unmarried couple is, simply, a figure that serves to certify the cohabitation of two people of different or equal sexes who maintain a sentimental relationship between them but who are not united in marriage. Therefore, we could say that both figures are analogous, but not the same, as there are many differences in terms of rights and obligations, both in their own right and in relation to third parties.

The implications of forming an unmarried couple.

First of all, it should be made clear that while marriage is regulated by the Civil Code and the State Public Administrations, unmarried couples are subject to the regulations in force in each autonomous community. In fact, it is possible to find differences for this reason, even in their denomination.

Now, let's talk about the peculiarities of this formula.

Widow's or widower's pension

This is undoubtedly one of the most controversial points within the concept of domestic partnership. In the same way that in the event of an accident at work, the affected party usually turns to specialised employment lawyers, when one of the partners dies, it is common for the surviving partner to ask whether or not he or she is entitled to a pension.

The General Social Security Act does provide that the surviving partner of an unmarried couple can receive a widow's or widower's pension. However, the following conditions must be met:

• Accreditation of the status of unmarried partner: the surviving partner must provide a copy of the registration in the register of unmarried partners in their locality that is at least 2 years old. They must also certify that they have lived together uninterruptedly for at least 5 years prior to the death. For this purpose, rental contracts and mortgage loans are the most commonly used documents.
• Applicant's income: Applicants must prove that their income did not account for 50% or more of the family's income in the last year. The percentage will be 25% if there are children entitled to receive an orphan's pension. Entitlement is also recognised if your income is 1.5 times the SMI (Minimum Interprofessional Wage) or less.
• Capacity to marry: by this we mean that the public administration will also ask the applicant to prove that, during the cohabitation, he/she was not married to another person and did not have any legal impediment to marry.

For the calculation of the amount of the widow's or widower's pension, it is also advisable to call on the services of employment lawyers. In fact, this aspect is intrinsic to labour law and only a specialist will be able to help you in this area. They will be able to determine which are the regulatory bases that will influence and provide an accurate calculation.

The provision of maintenance

Another controversial aspect within unmarried couples. With reference to this, the current legislation specifies that, both during the cohabitation and when it comes to an end, neither partner is under any obligation to provide maintenance to the other. However, it leaves the door open to agreeing on the payment of maintenance under this heading by private or public agreement.

However, this changes markedly if there are children in common. In that case, both parents, whether they are cohabiting or have dissolved their cohabiting relationship, are obliged to provide maintenance for them.

Is there an economic regime for unmarried couples?

The answer is no. In fact, within unmarried couples, the economic regimes contemplated by the Civil Code do not apply and are reserved solely for marriage. However, as we said with regard to the provision of maintenance, both partners can reach the agreement they deem appropriate for the purpose of managing and distributing their obligations and assets both during the cohabitation and when it ceases, if this is the case.

The termination of the unmarried partnership: the regulatory agreement

Obviously, it is normal that the formalisation of an unmarried partnership is done for the purpose of having children and acquiring obligations and assets. In fact, this is very common. However, in the event of dissolution, it is necessary to establish the effects of the separation. This is the reason why, in this case and as in the case of marriage, there is also the figure of the regulatory agreement.

But what should be reflected in the agreement regulating the separation of an unmarried couple? Basically, the same as in a marriage. This refers to the distribution of expenses, the payment of child support for the children they share, the use of the family home, etc. In addition, as in the case of divorce, this agreement can only be approved by the courts. Therefore, regardless of whether there is an agreement or not, both parties will have to go through the court. The only thing that will vary is the duration of the process.

Conclusions

As you will have seen, domestic partnerships have their own idiosyncrasies, but they also share many common features with marriage in terms of rights and obligations, especially when children and/or property are involved. Therefore, whether it is to find out about the pros and cons of forming a civil partnership or to get advice on what dissolution will mean for you, we recommend that you get in touch with a good lawyer specialising in civil law as soon as possible.