The dissolution of a domestic partnership takes place when the end of a cohabitation relationship as a domestic partner (or stable partner) is formalized before a notary. The end of the relationship can be carried out by both members of the couple by mutual agreement appearing before a notary, or individually by one of them formally notifying the other member of the couple who does not appear before a notary.
In case of unilateral dissolution of one of the partners, if the other partner has left the Spanish state and it is not possible to notify him/her of the termination, it will be necessary to provide the individual registration certificate of the partner who intends the termination (to accredit the termination of the cohabitation) or, if applicable, the request for deregistration of the common dwelling of the person who has left the country (procedure that the partner who intends the termination must manage in his/her town hall).
This is a merely informative and non-binding estimate. It is calculated on the basis of two criteria: 1) our knowledge of the Notarial Tariff and 2) our daily experience in the preparation of this type of notarial document. (Royal Decree 1426/1989, dated November 17, 1989). and 2) our daily experience in the preparation of this type of notarial document. However, any variation (upward or downward) will be duly justified at the time of issuing the final invoice for the notarial service rendered.
A stable couple is a union formed by two people (either men or women, of course) who have a long-lasting sentimental relationship and a note of cohabitation, and who, in view of this, have decided to formalize a community of life together and analogous to marriage.
In Catalonia, the regulation of the figure of the stable couple can be found in articles 234-1 and following articles of the Civil Code of Catalonia (you can consult this rule HERE).
In accordance with the Catalan law, couples who maintain a long-lasting sentimental relationship, with cohabitation, may become a stable couple if they meet any of the following requirements:
Indeed, in Catalonia there is a public registry, which is called the Registry of Stable Couples of Catalonia, in which stable couples who wish to do so are registered. It is necessary to indicate that this inscription of the stable couple is a voluntary act and not constitutive, but certainly very advisable, to reinforce the legal security of the union and necessary to acquire some rights, as the widow's pension in its case.
To this effect, in the event that the stable partnership is formalized in a public deed, the regulation of the Catalan Registry of Stable Partners establishes that the Notary who authorizes the deed, at the request of both partners, will send a copy of the deed by telematic means in order to achieve its registration.
The stable partnership shall be extinguished for any of the following causes:
Depending on the case of extinction, it will be necessary to go to a different route or another. Thus:
1) DISSOLUTION BY MUTUAL AGREEMENT:
If both members agree to extinguish the stable couple, the most suitable way, in this case, is to go to a Notary to formalize the extinction, since it supposes immediacy and a procedure much less hindered by formalities. For this it will be necessary:
2) DUE TO THE DEATH OF ONE OF THE COHABITANTS:
If one of the partners is deceased, the stable partnership will be terminated. If it is also desired to record this in the Register and register the termination, it will be sufficient to go to the Register of Stable Partners and present the death certificate of the former partner.
3) BY MARRIAGE:
When at least one of the members of the couple marries (either with the same partner or with another person), the marriage itself automatically extinguishes the stable partnership, although, as in the previous case, the communication of this extinction to the Register of Stable Partnerships of Catalonia will be pending, so that our couple is cancelled and recorded as dissolved, since there is no internal communication between Registers. For this purpose, the marriage certificate issued by the corresponding Civil Registry must be provided to the Registry of Stable Couples.
4) BY UNILATERAL WILL OF ONE OF THE MEMBERS:
To extinguish the stable couple it is not necessary that always exists mutual agreement, but that by the unilateral will of one of the members it is enough to request the extinction of this, as long as later this dissolution is communicated to the other member. In this case, it is possible to carry out the dissolution by means of a public deed, in which case it will be necessary to provide:
5) FOR CESSATION OF COHABITATION:
The extinction of the stable partnership is also produced by the mere cessation of the cohabitation. However, once the cohabitation has ceased, it is necessary to transfer this information to the Registry of Stable Couples, in order to record the extinction in the same.
Thus, when, after the cessation of the cohabitation, one of the members has moved to another address and has changed the registration, in this case, any of them can:
In both cases, you must contribute to one or the other institution:
Likewise, in this case it is necessary to mention that, in the event that the termination of the cohabitation is followed by an abandonment of the country by the other member of the stable couple without a cancellation of the municipal registry by that person, in such case, the other member of the extinct couple must go to his/her town hall and request the cancellation of the registration of cohabitation of the other member, in order to justify the termination of the cohabitation before the Registry of Stable Couples or before the Notary, according to the chosen route.
In this regard, interested parties should be aware that:
First of all, it is necessary to indicate that, if they so wish, before the termination of the cohabitation, the members of the stable couple can agree on the effects of the termination of the stable partnership. If they have so agreed, the provisions of this agreement will be applied, as long as it is not contrary to the law.
On the other hand, if nothing has been agreed upon in this regard, after the termination of the cohabitation, the law also allows the parties to reach agreements to regulate the effects of the termination of the stable partnership. In such a case:
Of course, if there is no agreement on how to regulate the economic effects of the termination, the parties may resort to the courts to have the matter resolved by a judge.
Indeed, the Catalan law establishes that, if the circumstances required in each case concur, the corresponding member of the extinguished stable couple will have the right to receive either the so-called economic compensation for work or the so-called maintenance allowance. In the following questions we will try to explain when one or the other is applicable.
In the event that one of the cohabitants has worked for the household or domestic work in a substantially more notorious way than the other, in such a case, that member shall be entitled to receive from the other a financial compensation for this dedication, provided that the other member, at the time of the termination of the cohabitation, has obtained an increase in assets. The same rule will be applied if one of the members has worked for the other without remuneration, or with an insufficient salary.
The maintenance allowance may be requested by either partner, once the stable partnership has ended, if he/she needs it to adequately support himself/herself, in the event of:
With regard to the economic compensation for work, it is possible that the partners, in anticipation of an eventual rupture of the stable couple, agree on the terms in which such compensation should be paid, being able to even agree on its exclusion. However, in order to be valid, they must be incorporated into the Regulatory Agreement at the time of the dissolution of the couple.
In relation to the maintenance allowance, it is also possible that the parties agree on it before the breakup of the cohabitation, but, in this case, the law determines that such agreement will not be valid in that which compromises the possibility of meeting the basic needs of the cohabitant.
By means of the signature, before a notary public, of a Deed of Covenants in Anticipation of the Breakup of the Stable Couple. You can ask us for all the information on the matter, but for now it is enough to indicate that it is an essential requirement, in case of wanting to sign them, that they are carried out with a maximum anticipation of thirty days with respect to the signature of the deed of stable couple.
In relation to this matter, it is necessary to indicate that, of course, if the common dwelling belongs to only one of the partners, this property right will not be disputed or prejudiced by a breakup of the stable couple.
However, it is possible that the members of the couple can agree on an attribution of the use of the dwelling for a certain period of time to one of the members, either in compensation or as a form of payment of a pension, or for any other reason.
If there is no agreement in this respect, in the event that there are children in common, presumably the judicial authority that must resolve the conflict will attribute the use of the dwelling to that member of the couple who has the custody of the children in common, while this lasts. However, the judicial authority must attribute the use of the family dwelling to the spouse most in need in the following cases:
Obviously, these cases are taken into account by the judge who will ultimately decide on the matter.
In anticipation of cessation of the cohabitation, it can be agreed on the attribution or distribution of the use of the dwelling and on the modalities of this use. However, the agreements that harm the interest of the children are not effective, nor, if they have not been incorporated in a regulatory agreement, those that compromise the possibilities of attending to the basic needs of the spouse beneficiary of the use.
Both persons must bring their original and valid ID card. In case either of them is a foreigner, it will be necessary to bring the original and valid passport.
A certificate of registration of the stable couple issued by the registry of stable couples of Catalonia would also be useful.
