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The union of a couple in the modern world has evolved. In Spanish law, the common law couple appears to recognize those who, although they had not formalized their situation, develope life as a couple.

How were things previously?

Previously there was only legal recognition of couples if they had contracted marriage. However, with the evolution of society, the figure of a couple with this recognition is not only limited to marriage.

This is how Spanish regulations currently recognize marriage and common-law couples. Moreover, since 2005, homosexual couples have been included, thus achieving equality and integration.

But what is the difference between marriage and common law couple?

The main difference between these two figures is the patrimonial issue. This means that the assets and liabilities of the couple are not automatically joined with the configuration of the de facto couple.

Likewise, the dissolution of a common-law partnership does not entail the termination procedure of a marriage. It will also be much easier for the couple if they do not want to continue with the union.

What was the common law couple figure for?

The reason for the common law couple was mainly for those people that do not want to celebrate a marriage but require to demonstrate this situation in the face of certain public actions.

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And what requirements do I need to register as a common law couple?

The requirements for the registration of a common-law partner in Spain will depend on the autonomous community. In general terms you will need:

  • NIE or DNI (NIE-DNI)
  • Birth certificate of those who are foreigners
  • Register (padron) of them

Also a minimum time of coexistence may be required, as well as a certificate of singleness to foreigners who want to formalize this union.

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