Dissolution of a domestic partnership - Notaría Jesús Benavides
Family

Dissolution of a Domestic Partnership

(or termination of a stable partnership)

Step 1

What is a dissolution of a domestic partnership?

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.

Step 2

What documentation do I need to go to the notary to formalize the dissolution of my domestic partnership?

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).

Step 3

How much does it cost to dissolve a domestic partnership?

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.

Step 4

More frequently asked questions

What does a stable couple consist of?

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.

Where are stable couples regulated?

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).

Who can become a stable partner?

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:

  • When the cohabitation lasts more than two uninterrupted years.
  • If during the cohabitation, they have a child in common.
  • If they formalize the relationship in a public deed.

Is it necessary to register the stable partnership in a registry?

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.

When does a stable partnership cease to exist?

The stable partnership shall be extinguished for any of the following causes:

  • For the cessation of cohabitation with rupture of the community of life.
  • Death of one of the cohabitants.
  • In case of marriage of any of the cohabitants.
  • By common agreement of the cohabitants formalized in a public deed.
  • By will of one of the cohabitants notified reliably to the other.
See more frequently asked questions

How is the termination of the stable partnership formalized?

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:

  • The appearance before a notary of both members of the couple.
  • Provide the deed of incorporation of stable couple, or the certificate of registration of the couple in the Register of Stable Couples of Catalonia in force.
  • That there are no minor children in common or assets to be discussed, in which case it would be appropriate to go to court.

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:

  • The deed of incorporation of stable partnership, or the certificate of registration of the couple in the Register of Stable Couples of Catalonia in force.
  • The address within the Spanish territory of the other member of the couple, where the dissolution of the stable partnership will be communicated. In this case, it must be taken into account that the receipt of such communication is essential to dissolve the stable couple.

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:

  • Go to the Registry of Stable Couples of Catalonia to communicate the termination for this cause.
  • Or you can also, if you wish, go to a Notary to formalize a deed of manifestation / accreditation of the extinction of stable partnership.

In both cases, you must contribute to one or the other institution:

  • The deed of incorporation of stable partnership, or the certificate of registration of the couple in the Register of Stable Couples of Catalonia in force.
  • Certificate of registration of collective cohabitation, certifying the cessation of cohabitation (since the registration of the person who has ceased cohabitation and has moved to a different address will no longer be recorded in the address of the other member).

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.

How will the termination of the stable partnership be governed financially?

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:

  • If there are children in common, the agreement reached may be submitted to the Judicial Authority for approval.
  • If there are no children in common, it may also be submitted for approval by the Attorney of the Administration of Justice or a Notary.

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.

After the termination of the stable partnership, is it possible that one of the partners may have to pay some kind of compensation or financial benefit to the other?

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.

When is the financial compensation for work-related compensation payable?

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.

When is the maintenance allowance due?

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:

  • Cohabitation has reduced their earning capacity.
  • Have the custody of common children, in circumstances where their earning capacity is diminished.

Is it possible to sign a waiver to receive these benefits or compensation in the future?

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.

How is the right to future benefits or compensation waived?

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.

Can my partner keep my home?

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:

  • Whether the custody of the children is shared or distributed between the parents.
  • If the spouses do not have children or they are of legal age.
  • If, despite the fact that the spouse is entitled to the use of the dwelling because of the custody of the children, it is foreseeable that the spouse's need will continue after the children reach the age of majority.

Obviously, these cases are taken into account by the judge who will ultimately decide on the matter.

Can the members of the couple renounce the use of the common dwelling?

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.

Related articles

Step 5

Where can I consult the applicable regulations?

Step 6

Make an appointment