The de facto partnership (also known as de facto union or stable union of partners) is a legal figure recognized throughout Spain that grants unmarried couples rights similar to marriage in many areas: inheritances, Social Security, residence permits, and more. Can foreigners or couples of different nationalities register it? Yes, although the process has some additional steps.
What is a de facto partnership in Spain?
It is the stable affective union between two persons, regardless of their sex or sexual orientation, who live together in a manner analogous to marriage but without having contracted marriage. Its regulation is the responsibility of the autonomous communities, so the requirements and effects vary depending on the region where it is registered.
Can foreigners register a de facto partnership in Spain?
Yes, as long as the requirements are met. The usual conditions are:
- At least one of the members must have legal residence in Spain (NIE of resident, residence card, or be a EU citizen registered in Spain).
- Registration in the municipality where the de facto partnership is registered (at least one of the two).
- Not be married to each other or to another person.
- Not be relatives in a direct line or collateral up to the second degree.
- Be of legal age (or emancipated minors, according to the autonomous community).
Documents for non-EU foreigners
If one or both members of the partnership are non-EU citizens (for example, from Latin America), they must provide additional documentation:
- Certificate of civil status or single status issued by the country of origin, apostilled and translated into Spanish by a sworn translator.
- Certificate of no impediment to register a de facto partnership issued by the competent authority of the country of origin (required by some municipalities or autonomous communities).
- NIE or valid residence card.
- Valid passport.
- Certificate of registration in the municipality in Spain.
Differences by autonomous community
Spain does not have a single national law for de facto partnerships: each autonomous community has its own regulations. The most relevant differences affect:
- Minimum prior cohabitation requirements (some communities require 1-2 years)
- Documentation required for foreigners
- Effects in matters of inheritances and Social Security
- Registration: some communities have their own autonomous registry; others delegate to the town councils
What rights does the de facto partnership grant to foreigners in Spain?
- Residence permit: The foreign citizen in a de facto partnership with a Spaniard or EU citizen can apply for a residence card as a family member of an EU citizen.
- Social Security: Access to widow's benefits and other Social Security system benefits under the same conditions as a spouse.
- Inheritances: In many autonomous communities, the registered de facto partnership can benefit from reductions in the inheritance tax similar to those of a spouse.
- Family reunification: Possibility to reunite minor children.
The cohabitation agreement before a notary
Many couples, before or after registering the de facto partnership, sign a cohabitation agreement before a notary. This document regulates the patrimonial aspects of the union: property regime, contribution to expenses, rights over the common home, and effects of a possible breakup. It can be processed via video call with Online Notary, which is very convenient for couples where one member is abroad.
De facto partnership registration process
- Cohabitation agreement before a notary (in many autonomous communities, it is the first mandatory or recommended step)
- Registration in the municipality where the partnership will be registered
- Application and registration with the autonomous registry of de facto partnerships or the corresponding town council
- Obtaining the certificate of inscription of the de facto partnership
Do you have doubts about the process for your specific situation? Contact us at Online Notary and we will guide you.