Unmarried couples in the Valencian Community - Abogados inform you (2023)

To begin with, and regarding the concept of theunmarried couples in the Valencian Community, it must be borne in mind that in their own regulations they will be designated as“formalized de facto unions”.

What is meant by formalized domestic partnerships?

Formalized de facto unions are understood to be those formed bytwo peoplewho, regardless of their sex,they live in a relationship of affectivity analogous to the conjugal one, and that they meet the registration requirements of Valencian law.

Regulations for unmarried couples in the Valencian Community

Regarding the applicable regulations, we find the following regulations currently in force:

• Law 5/2012, of October 15, on Formalized Domestic Partnerships of the Valencian Community.

This law will apply to de facto unions formalized in accordance with it, when the parties are subject to Valencian civil legislation.

When is it considered that there is a de facto couple in the Valencian Community?

To continue, and in order to the constitution ofunmarried couples in the Valencian Community, formalized unions are those in which their existence is recorded, either by declaration of will of their members before the official in charge of the Register of Formalized Domestic Partnerships of the Valencian Community, provided they meet the legal requirements.

The registration of the de facto union, in theRegister of Domestic Partnershipsof this community, has a constitutive character.

Without registration in the Registry, unmarried couples in the Valencian Community will not be considered existing, nor will said law apply to them.

On the other hand, a de facto union may not be agreed on a temporary or conditional basis.

Requirements to establish a de facto union in the Valencian community

Regarding the requirements, they may constitute ade facto union in accordance with Valencian regulations:

• Those unions in which, at leastone of the members is registered in the Valencian Community.

• those of legal ageemancipated minors.

• People who are not bound by the bond of marriage.

• People who do not form a stable union with another person, or who do not have a registered common-law union with another person.

• Those who are not related by kinship in a straight lineby consanguinity or adoption.

• Those who are not linked by collateral kinship by consanguinityor adoption within the third degree.

What situations are excluded?

Regarding the causes of exclusion, people who do not meet the above requirements may not establish de facto unions in this community.

Rights and effects of recognition as a common-law couple

Regarding the rights and effects provided by the constitution of unmarried couples in the Valencian Community,There are several subjects to highlight.

To begin with, and as regards the right to support, those who live in a formalized de facto union have the obligation to provide support in the form and amount provided for in the Civil Code, in preference to any other person obliged to provide it.

For legal representation, those who integrate the formalized de facto union will be considered equal to the spouses, in terms of the exercise of actions related to declarations of incapacity, prodigality, absence, death and performance of guardianship and conservatorship functions.

On the other hand, the members of the de facto union will have the same consideration as the spouses in several other matters:

1. The regulation of the public function, in terms of licenses, permits, administrative situations, provision of jobs and family assistance.
2. The rights and obligations of public law established by the Generalitat in matters within its competence, such as budgetary regulations, compensation, subsidies and regional taxes.
3. The rights to receive widow's pensions, as well as compensation for work accidents or occupational diseases.

Place of presentation to register as a common-law couple

The request for registration of the formalized de facto union shall be made in writing using a standardized model, and addressed to the Register of Formalized De facto Unions of the Valencian Community.

The instance will be presented:

• In therecords of administrative bodiesto be addressed or to any administrative body belonging to the General State Administration, to any administration of the autonomous communities, to any administration of the provincial councils, councils and island councils, or to that of the rest of the entities that make up the local Administration if, in the latter case, the appropriate agreement has been signed, as well as in the diplomatic representations or consular offices of Spain abroad.

• Also at any post office.

• And, preferably, at the headquarters of the Registry of Formalized Domestic Partnerships of the Valencian Community

And what documentation must be submitted?

The standard model must be accompanied by the following documents:

• In your case,proof of emancipation.

• Historical registration certificateof the last ten years in a municipality of the Valencian Community.

• In the event of any incapacitation of any of the members of the de facto union,the sentence of incapacitationthat considers you with the capacity to constitute a formalized de facto union.

• Certificate or proof of marital status,issued by the Civil Registry or, where appropriate, by the competent body of the country of origin, duly legalized according to international standards.

• Literal birth certificate,Issued by the Civil Registry, updated.

• If applicable, a public document that contains the declaration of will of the members of the union, and that proves thatthe existence of a union in fact formalized,as long as it meets the requirements established by law.

• As the case may be, provided that they are formalized in a public deed, the agreements freely adopted by the members of the de facto union to regulate their coexistence.

Cohabitation regime that common-law couples can agree on

Regarding the regime of coexistence that can be agreedunmarried couples in the Valencian Community,there is freedom of agreement.

Therefore, those who integrate the formalized de facto union,They will be able to freely regulate the personal and patrimonial relations derived from the coexistence, the respective rights and obligations of the union, and the rules to liquidate their economic relations after their extinction, even providing economic compensation in the event of cessation of cohabitation.

Agreements contrary to the law, morality or public order, or limiting the equal rights of those who live together will be null and void.

And to give protection to these agreements, so that they produce effects against third parties, they must be formalized in a public deed and registered in the Register of Formalized Domestic Partnerships.

In the event that the agreements affectreal estate or registrable propertythey must enroll inthe Property Registry orRegistration corresponding to their nature.

Causes of extinction of the domestic partnership

Finally, and regarding the reasons why they are going to be extinguishedunmarried couples in the Valencian Community,are the following:

• by mutual agreementof its members.

• By declaration of will of any of themor them.

• When any of the cohabitants isinvolved in a criminal process, initiated by attempting against the life, physical integrity, freedom, moral integrity, or the freedom and sexual indemnity of the other, or of the common sons or daughters or of any of them, and is has handed down a reasoned judicial resolution in which well-founded and rational evidence of criminality is verified.

• By death or declaration of deathof any of its members.

• Due to unjustified effective termination of cohabitationfor a minimum period of three months.

• by marriageof any of its members.