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Common Law Partnerships And Pareja de Hecho In Spain

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What Is a Pareja de Hecho?

A Pareja de Hecho is a legally registered partnership in Spain for couples who live together but are not married. Once formally registered with the relevant local or regional authority, the relationship gains legal recognition under Spanish law.

This status is available to both same-sex and opposite-sex couples and can provide rights similar to marriage in areas such as residency, inheritance, pensions, healthcare decision-making, and next-of-kin recognition. The exact legal effects depend on the autonomous community where the partnership is registered.

Spain does not have a single national law governing registered partnerships. Instead, each autonomous community sets its own eligibility rules, documentation requirements, and legal consequences. Couples must therefore follow the regulations of the region where they intend to register. Official regional requirements can be reviewed here.

Who Can Register as a Pareja de Hecho?

Eligibility requirements vary by region, but in most parts of Spain couples must meet the following conditions:

  • Both partners must be over 18 years old
  • Both must be legally single, divorced, or widowed
  • The partners must not be closely related by blood
  • The couple must live together in the same municipality
  • The relationship must be stable and ongoing

Some autonomous communities require proof that the couple has lived together for a minimum period, often between six and twelve months. Other regions accept registration without a prior cohabitation period, provided both parties are empadronado at the same address.

Documents Required to Register

Although requirements differ slightly between regions, most applications for a Pareja de Hecho require the following documents:

  • Valid passports or national identity documents (DNI/NIE) for both partners
  • Certificado de Empadronamiento showing shared residence
  • Birth certificates (often with Hague Apostille for non-Spanish nationals)
  • Certificate of marital status confirming neither partner is married
  • Evidence of a stable relationship, such as shared finances, joint property, or children in common
  • Completed regional application form (Solicitud de Inscripción)

Any documents issued outside Spain must be officially translated into Spanish by a sworn translator (traductor jurado).

Registration normally takes place at the local Ayuntamiento or a regional civil registry office. Administrative fees typically range between €80 and €100, depending on the autonomous community.

Residency and Immigration Implications

For international couples, one of the most important benefits of a registered partnership is its use as a legal basis for residency.

If one partner is a Spanish or EU citizen, the non-EU partner may be eligible to apply for residency through the civil partnership route or family reunification. This can result in a long-term residence card with the right to live and work in Spain.

Immigration authorities will assess the legitimacy of the relationship carefully. Providing clear evidence of cohabitation, shared responsibilities, and financial interdependence helps avoid delays or refusals.

Inheritance, Pensions, and Legal Protections

In many regions, a Pareja de Hecho grants the surviving partner rights to a state pension, provided dependency and relationship requirements are met.

Registered partnerships may also be treated similarly to marriage for inheritance tax purposes, potentially reducing the tax burden on the surviving partner.

Additional legal protections can include hospital visitation rights, medical decision-making authority, and recognition as next of kin in emergency situations.

Regional Differences You Should Be Aware Of

Because Parejas de Hecho are regulated at a regional level, rights and requirements differ across Spain:

  • In regions such as Catalonia and the Balearic Islands, partnerships are widely recognised for legal and tax purposes
  • In Madrid, registration offers stronger protections relating to pensions and inheritance
  • Some regions recognise cohabitation without formal registration, while others require official registration for any legal effect

Always consult your local Ayuntamiento or regional government office for precise rules. You can locate your nearest town hall via ayuntamiento.es.

Is a Pareja de Hecho the Same as Marriage?

No. While a registered partnership provides many similar protections, it is not legally identical to marriage.

Pareja de Hecho arrangements are generally easier to dissolve, do not require divorce proceedings, and may not grant automatic rights in areas such as adoption, joint taxation, or inheritance unless specifically recognised by regional law.

Final Thoughts

Registering as a Pareja de Hecho can provide important legal certainty for couples living in Spain, particularly for foreign nationals who need formal recognition of their relationship.

Although the process can be bureaucratic and varies by region, proper registration can simplify residency applications, protect inheritance rights, and ensure legal recognition in critical situations.

Health Insurance for Couples Living in Spain

If you are registering as a Pareja de Hecho or settling in Spain as a couple, having suitable private health insurance is often essential for residency and peace of mind.

You can compare options for couples and families, including policies suitable for visa and residency applications, by visiting our Quick guide to Private medical insurance.