Despite being similar relationships in terms of affectivity, marriage and de facto couples are different legal realities. For legal purposes, as these are two different types of associations between people, their rights and duties are also different.
Differences between marriage, civil marriage and de facto couple
Regarding rights and obligations, civil marriage has no differences from ecclesiastical marriage. Through a contract that brings with it a series of legal rights and obligations, in both cases, the marital status of the couple is changed from single to married. And as a contract it is, it can be dissolved. In the case of ecclesiastical marriage, it is united by ecclesiastical norms and its dissolution entails a more complex process.
As for the differences between marriage and de facto partnership, these are substantial:
Differences between marriage and de facto couple: regulation
The first thing to keep in mind is that each Autonomous Community will regulate the requirements in the established standards. This would be the first difference with marriage, since the de facto couple does not have generally applicable legislation, but rather each Autonomous Community may establish a Law or Decree that regulates it.
Differences between marriage and de facto partnership: registration
While the marriage must be registered in the Civil Registry, the de facto couple must register in the Registry of De facto Unions.
Differences between marriage and de facto partnership: time
Depending on the Autonomous Community in which they register, people who wish to formalize their union as a de facto couple must have lived together for one to two years, which will be accredited by two witnesses on the day of registration.
On the contrary, and in accordance with the Civil Code, to contract a marriage, a specific period of time is not imposed. It is only required that the couple be able to prove they have marital capacity to be able to freely express consent along with two witnesses.
Differences between marriage and de facto couple: economic regime
Couples who decide to get married have the possibility of deciding the economic regime, being able to choose between partnership society, separation of assets or participation regime. However, in de facto couples there is no economic regime as such. However, the couple can establish an agreement before a notary that regulates and establishes the agreements they want to carry out.
Differences between marriage and de facto couple: dissolution
To dissolve the marriage, three months must pass before you can get a divorce. However, for common-law couples, no time period is established.
And regarding the forms, the marriage ends, either by the will of one or both spouses, or by the death of one of the two. Once this happens, it will be necessary to begin the divorce or separation procedure. And although de facto couples dissolve for the same reasons, in this case, it will not be necessary to process any procedure, just register it in the established Registry.
Differences between marriage and de facto partnership: permissions
Although more and more agreements include this leave, de facto couples do not enjoy the 15 days of leave that companies give when they get married.
Differences between marriage and de facto couple: inheritance, widowhood and children
In marriage you have the right to inherit throughout Spain and file a joint income tax return, which entails certain tax benefits. However, in the de facto couple, each autonomous community depends. Although it is true that, since 2008, de facto couples have the right to receive a widow's pension.
And in relation to children, the rights and obligations of de facto couples are the same as those of a marriage.
If you still have doubts about the differences between marriage and de facto partnershipIn our law firm in Murcia capital We will be happy to solve them. Make an appointment!
