Dissolution of a de facto partnership before a notary: how it is done and what it implies
When a de facto couple decides to separate, many questions arise about the legal process. Is it necessary to go to court? What happens with the common assets? And with the children? We explain how a de facto partnership is dissolved before a notary and what legal effects it has.Can a de facto partnership be dissolved before a notary?
Yes. When the couple has no minor children or children with disabilities who depend on them, the dissolution can be formalized before a notary by means of a public deed, without the need to go to court. It is the fastest, most economical, and discreet procedure. If there are minor children, the dissolution requires judicial approval to ensure their protection, although the notary still plays an important role in regulating the patrimonial aspects between the members of the couple.What documentation is needed?
- Valid DNI or NIE of both members.
- Deed of constitution of the de facto partnership (if it was formalized before a notary).
- Certificate of registration in the regional or municipal registry, if applicable.
- Documentation of common assets (deeds of real estate, contracts, etc.).
- Regulatory agreement signed by both parties, if not granted in the same act.
What is regulated in the dissolution deed?
In the dissolution deed, all economic and personal agreements between the members of the couple can be included:- Liquidation of common assets: allocation of the home, bank accounts, vehicles, or other shared assets.
- Compensatory pension: if one of the members has the right to receive it due to economic imbalance.
- Use of the family home: if there are adult children residing in the home.
- Express termination of reciprocal obligations established in the previous regulatory agreement.