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What is Pareja de hecho?

Updated: Feb 5


The author Büşra Yaren Güney  of the article:" What is Pareja de hecho?"

Publication date: 27.09.2023





Pareja de hecho seeks the condition that they maintain a stable relationship in which they have lived together for at least 12 months. It is a legal status that couples who meet these criteria can apply for. This relationship should be publicly and continuously counted.


However, you need to have documents to prove this. There should be no interruptions in your relationship during the time you were together last year. You can prove it by using rental documents and bills. Doing this with someone you're not really in a relationship with is going to get you in trouble legally.


Pareja de hecho is not the same as marriage. Many people fall into this misconception. Others try to register as a pareja de hecho even if they are not in a real relationship. This is not allowed.


What Pareja the hecho is

What were the differences between marriage and pareja de hecho?

Both are options for obtaining a residence permit as a foreigner in Spain. It is possible to say that both give the right to receive a widow's pension and allow joint adoption.

The law regulating them is not the same, and likewise the registration process is not equivalent. There are also important differences that distinguish one from the other in terms of inheritance, joint taxation and employment rights.

Which one makes more sense to do?

As there is no definite answer to this question, the decision passes through the joint decisions of people. There are many differences and similarities between marriage and pareja de hecho

  • The rights to be granted to you within the scope of the civil union:

  • The application process is very fast and simple (especially compared to marriage).

  • In certain special cases, in the event of the death of one of the two members, a widow/widower pension will be attached to the other.

  • It is possible to reach an agreement on the economic regime that will be chosen by both members and regulate their relations at the legal level.

  • In some Autonomous Communities, same-sex partnerships benefit from the same inheritance and donation tax benefits as if they were a marriage.

  • Same-sex couples can adopt children as in marriage.

  • Registering as a civil union with a European citizen makes obtaining a residence permit in Spain easier.

  • You can end your extramarital relationship with your spouse as long as you have been in Spain for at least 3 years. You can even continue to reside in the country.


Pareja de hecho or marriage

Pareja de Hecho in Spain

There are not the same rules for pareja de hecho in every community and province in Spain. In fact, it is very important to remember that every community related to Pareja de hecho has its own unique rules. For this reason, you should pay attention to the rules of the community in which you live.


Requirements for applying to Pareja de hecho conditions

  • Being of legal age for both parties.

  • At least one of the members of the couple must be residing at an address in Madrid.

  • There should be a free, public and recognized couple for twelve uninterrupted months.

  • You must be single, divorced, widowed, or legally separated.

  • There cannot be any family ties between couples (siblings, cousins, etc.)


If you have just canceled a previous cancellation, you must wait twelve months from the date of cancellation to request a new one.


Documents needed to apply for Pareja de Hecho


What documents do you need to get?

  • Request form for application

  • Proof that you have paid your tax form

  • Identity document (NIF, NIE, Passport or residence card), which must be valid and not expired.

  • Registration certificate of your address.

  • Signed authorization document regarding the consultation of personal information and the submission of the request.

  • Accreditation of emancipation (valid only if one of the applicants is underage).

  • A document about your marital status. (A certificate showing marital status differs from country to country. This includes documents showing that you are single, divorced, widowed (a document proving that your spouse has passed away, etc. you should bring it).


 

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