Civil partnerships involve the stable and emotional union of two individuals, regardless of their sexual orientation, in a relationship comparable to that of a married couple. In Spain, the regulation of civil partnerships varies by Autonomous Community.
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To obtain legal recognition of the relationship.
To access rights such as health coverage, pensions or inheritance benefits.
To protect family and property interests in case of separation or death.
Stable cohabitation (time varies depending on the region).
Joint residence certificate and identification documents.
Registration in the regional or municipal Civil Registry.
Some communities grant inheritance and tax benefits similar to marriage.
Others only recognize limited effects (e.g., social benefits, healthcare).
Unlike marriage, civil partnerships do not always create an automatic matrimonial property regime.
Civil partnerships can be dissolved:
By mutual agreement.
By unilateral decision.
By marriage of one partner or the death of a partner.
In all cases, legal advice is important to regulate custody of children, the use of the family home and property division.
At Paloma Zabalgo Family Law we assist with the registration, recognition and dissolution of civil partnerships in Spain, ensuring your rights are protected at every stage.
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It is advisable for an unmarried couple to register in the official Civil Partnerships Register, in accordance with the applicable regional regulations. Registration grants the couple certain rights and obligations similar to those of married couples. However, it is still recommended to draw up a partnership agreement to regulate financial matters, as the specific effects depend on the Autonomous Community where the partnership is registered
In Spain, unmarried couples account for around 9% of families and are no longer seen as a temporary arrangement until marriage. Many young people choose this form of cohabitation, and some older couples also decide to live together as unmarried partners on a long-term basis in order not to lose their respective pensions.
Registering as a civil partnership (see our section on how to register a civil partnership) is mainly about regulating financial matters. Each partner contributes to the household economy, usually in proportion to their income, but this is not the same as the community property system that applies to marriage.
Other issues to consider include how assets acquired during the partnership are owned and managed, which depends on the rules of the Autonomous Community where the partnership is registered.
It is uncommon for couples registering a civil partnership to include clauses regulating custody or parental authority of their children in the event of separation, since such clauses are null and void. The best interests of the child always prevail, and in case of separation it is the judge who decides on custody and parental responsibility, regardless of any prior agreements between the parents.
In this context of parental measures, the allocation of the family home after separation is also determined by the judge, with the priority of safeguarding the children’s welfare. If the couple has no children, any prior agreement regarding the use of the home may be valid.
In addition to advising you on the measures to be included in your partnership agreement, we always recommend making a will. In the event of the death of one partner, a will makes it easier for the surviving partner to inherit and to claim the widow’s or widower’s pension to which they may be entitled.
Contact us and our team of family law professionals will guide you in the following steps.
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