In today's article we are going to analyze how you can act in the face of the dissolution of the de facto couple.
Before explaining how to act after the termination of a domestic partnership, we are going to describe what a domestic partnership consists of:
The de facto couple can be defined as the continuous coexistence of two people who have not contracted marriage, are of the same or different sex and with similar interests aimed at forming a family.
In Spain there is no state law that regulates de facto couples, but 17 regional ones that explain how to register the de facto couple in the Register of De facto couples.
Because of this, you have to know the legislation of the place where both people reside in order to do the paperwork properly.
GENERAL REQUIREMENTS TO BE A FACTUAL COUPLE
These are as follows:
- Be of legal age or emancipated.
- Not be legally incapacitated.
- Justify a minimum period of coexistence.
- That there is no direct relationship between the members of the domestic partnership.
- Not being united by marriage. If one of the two has been married, it will be necessary to prove the divorce.
- Registration in the Registry enabled for this purpose by each Autonomous Community.
- In certain cases, granting of a public deed.
It must be taken into account that these requirements may vary according to the Autonomous Community in which members of the common-law couple live.
WHAT TO DO IN CASE OF BREAKUP OF THE PARTNER IN FACT?
You have to go through a notarial procedure. Apart from this, the following causes can be considered sufficient to end the domestic partnership:
Marriage of one of the partners.
Death or declaration of death of one of the partners.
Cessation of coexistence with rupture of the community of life.
Although, the de facto couple does not imply a marital union, there may be children in common or assets that have been acquired jointly. In conclusion, taking into account these circumstances, some procedures must be carried out.
WHAT HAPPENS TO THE CHILDREN?
Although, many common-law couples when they decide to end the relationship reach a verbal bond regarding the minor children. It is advisable to establish a regulatory agreement to establish who is responsible for custody, visits from the other party and alimony for the children.
When dissolving the de facto couple, you have to distribute the house, taking into account the details of the relationship and if there are children in common.
In the event that the house is for rent, if both of you are holders of the lease, you must reach an agreement, otherwise the procedure will be according to what the judge decides.
On the other hand, if there is only one owner, the person with whom the owner lives can be subrogated in the lease, under the same conditions and rights; as long as the relationship has lasted at least two years or they have common children.
HOW THE ASSETS ARE DISTRIBUTED
Movable property can be distributed through a private document or verbally.
When the couple does not reach an agreement for the distribution of their common heritage, they have to go to the corresponding court to make the distribution of the assets.
INDEMNIFICATIONS FOR COEXISTENCE.
By living together, the couple must contribute to the support of the burdens during their coexistence such as: payment of electricity, water, telephone, food ... When they decide to end the relationship, one of the partners may be in a worse economic situation, and for to balance it, a "compensatory pension" can be agreed. You can also appeal through the courts to grant it in case there is no agreement.
The most appropriate thing is that you reach an agreement that will be reflected in a regulatory agreement that must be approved by the family judge corresponding to its territory. For this, a claim will have to be filed in which the measures are established.
If at any time, you decide to dissolve the de facto couple or regulate your situation, after the breakup of the couple, contact our expert lawyers in Family Law, Audacia Abogados. Remember, you are the first.