For a variety of reasons, couples are often faced with the decision at some point as to whether the partnership should be made official before the state. Reasons for this may include tax savings, inheritance regulations or pension issues. At the same time, not all couples want to get married. In addition to marriage, there is therefore another option: a registered civil partnership. However, a distinction must be made here between Germany and Spain:
The decision to enter into a registered civil partnership is no longer possible in Germany since the introduction of "marriage for all". Since this change, only marriage is permitted in Germany. This applies to same-sex and opposite-sex couples.
The situation is different in Spain: In addition to the option of marriage, there is also the option of a registered civil partnership, which is called a "pareja de hecho" or "unión de hecho". This is a publicly registered civil partnership between two people who have a permanent relationship and live together without being married. This civil partnership can be entered into between both homosexual and heterosexual couples.
The requirements for registering a "pareja de hecho" are determined by each autonomous region, so they may differ depending on where you live.
For Mallorca, Ley 18/2001, de 19 de diciembre, de Parejas Estables, sets out the relevant requirements. According to this law, both partners must be of legal age and not related. This includes both blood relations and adoptions. Both partners must be registered in any municipality in the Balearic Islands. Furthermore, both partners must not be married and must not already be in a registered civil partnership. In addition, at the time of application, there must be evidence of at least one year of uninterrupted cohabitation as a couple in a common residence on the Balearic Islands.
The application must be submitted to the Registro de Parejas Estables de las Illes Balears, where various documents, including a copy and the original of the identity documents, must be submitted. A list of the documents to be submitted can be found in the application form. Persons who do not have Spanish nationality should note that the documents may have to be submitted as a certified translation.
To ensure that the registration is successful, it is advisable to obtain sufficient information before applying and, if in doubt, to seek legal advice.
If you would like to find out more about the advantages of a registered partnership and the differences to a marriage, please contact us.
Author:
Dr. Dominic John Patrick Porta, LL.M.
Attorney at Law (Düsseldorf Bar Association n° 52954)
Abogado (ICAIB n° 6645)
dominic.porta@anwaltmallorca.eu
www.anwaltmallorca.eu
Do you need the support of a German lawyer in Mallorca?
Porta & Associates is a law firm in Palma de Mallorca. Dr. Dominic Porta advises you as a German lawyer in Mallorca on all matters relating to house purchase, rental and licenses. The modern law firm in Palma also represents its clients in corporate law, inheritance law, contract law and tax law.
More information and contact can be found at www.anwaltmallorca.eu
