The 8 differences between domestic partnership and marriage (explained)

Marriage constitutes a whole social institution, which is present in practically all cultures and societies. The central objective of marriage is the establishment of a legally and socially recognized bond between two people. By this union, a set of obligations and rights are determined, although these will be different depending on the cultural framework in which the marriage is formalized. In some countries, it is conceived that marriage not only unites the spouses, but also their respective families.

Marriage is regulated by a series of essential rules that prevent it from occurring in certain settings. These rules have a lot to do with sexual relations, so marital unions are not contemplated in cases of incest, for example. Other phenomena, such as polygamy, will be allowed or not depending on the country in question.

• We recommend you read: "The 12 types of marriage (and their characteristics)"

The legality of love

While legally joining another person is now voluntary in most countries, this has not always been the case.

. Throughout history, marriage was agreed without counting on the will or desire of the contracting parties themselves. In fact, these unions were, in some spheres of society, a political and economic strategy rather than a decision based on romantic feelings. Fortunately, marriage can only take place with the full consent of both of you today. parties, since it is understood that free choice in this sense supposes one of the human rights fundamental.

The institution of marriage has not been without controversy and problems. One of the most complex issues has been the legalization (not yet achieved worldwide) of homosexual marriage. Thanks to the activism and impulse of the LGTB collective, important steps have been taken in this regard, although it is still a pending task in many parts of the world.

Added to all that we have commented, marriage can take two forms, since it can be formalized in a civil or religious way. In this way, depending on the type of marriage in question, the laws that regulate the rights and duties of the spouses will be ruled by the State or by the Church. However, the way in which both forms coexist and are related in each country is different.

In addition to the marriage itself, in some countries there is an alternative to union known as a domestic partnership.. A de facto couple, also known as free association, implies the affective union between two people who live together in a stable way and that would be analogous to the conjugal relationship. Due to the doubts that many people have regarding what aspects allow a de facto couple and a marriage to be distinguished, in this article we are going to review their differences.

• We recommend you read: "Marriage of Convenience: 10 Things You Should Know"

How is a domestic partnership and a marriage different?

As we have been commenting, marriage and domestic partnership constitute somewhat different forms of union. Let's see what their main differences are.

1. Requirements

A first difference between the two types of unions is related to the minimum requirements. In the case of marriage, it is sufficient to prove the marital capacity and express consent before the competent authority and two witnesses. Fulfilling this, it is now possible to obtain the certificate that certifies the union that will be registered in the Civil Registry.

To formalize a domestic partnership, the criteria may vary slightly depending on each autonomous community in the case of Spain. Following what is established in the Community of Madrid, it is required that: “people live together as a couple, freely, publicly and notoriously, Stably linked for an uninterrupted period of twelve months, existing an affective relationship and voluntarily submitting to said union ”. Furthermore, as in the case of marriage, two witnesses are required to be present.

2. Economic system

When a couple decides to marry, they can choose three alternatives with regard to their assets: the separation of assets, the joint property partnership or the participation regime.

Unlike in marriage, in de facto couples there is no economic regime as such. In this case, the couple must go to a notary, so that the bases of the economic regime they want to opt for appear in writing. In case they do not take this step, there will never be a valid economic regime as it does in marriage. This aspect remains the same regardless of the years that the common-law couple has been established or that there are descendants.

3. Compensatory pension

This point is also a source of interest when assessing which union is most appropriate in each case. In marriage, the member who has not worked for as long as the couple has been married and, therefore, You have no income, you can apply for a compensatory pension at the time of your divorce or separation.

However, in the case of the domestic partner this is not possible. That is to say, the member who lacks income will not be able to request the compensatory pension when the parent-child measures are processed. In any case, you could initiate a specific civil procedure to request this compensation, but it is a very expensive procedure.

This point is key, since without a marriage the member of the couple who leaves his job for reasons such as, For example, caring for children, you will not receive compensation with the significant consequences that this can carry.

4. Widow's pension

Although putting yourself in this assumption is never pleasant, the truth is that it is a relevant point to assess before making a decision as important as it is to legally formalize a relationship. In the event of a marriage, the members of the couple are entitled to this type of pension, regardless of how long the couple has been married or the income level of the widowed spouse.

On the other hand, in fact couples there are more demanding requirements. In order for the widowed member of the couple to receive their pension, it is a requirement that the couple have been registered a minimum of two years, in addition to having lived together in the five years prior to the death. As if this were not enough, the income level of the living member does matter, so it is will grant this pension only in those cases in which the threshold set in each community is not exceeded autonomous.

5. Inheritance

With regard to inheritance, we will also observe important differences between the two types of union. In marriages, the widowed spouse will generally have the right to one third of the assets, which in law is called the usufruct of the improvement third.

Instead, when it comes to a de facto couple there is no right to inherit. For this reason, it is especially important that there is a will, since it is the only way that the living partner can inherit. In this case, the rights of the legitimate or forced heirs must be respected.

6. Work permits

This is one of the few cases where de facto couples have the same rights as a married couple. In this sense, the members of the couple can obtain a work permit in the event that the partner or spouse suffers a serious illness or dies. Similarly, they will have the right to their respective maternity and paternity leave.

Added to this, in the event that the spouses occupy a position as civil servants, they may obtain a permit of up to 15 days for marriage or registration as a common-law partner in the registry.

7. Children in common

This is undoubtedly one of the most important points, since it is about protecting the minors who are the fruit of the relationship in any case. What does this mean? Well, the law tries to protect children regardless of whether their parents have decided to marry or not. Although, as we have seen, marriage offers many advantages over the de facto couple, at this point being a de facto couple will not be an obstacle to guaranteeing the well-being of the offspring. The difference will reside, essentially, in the type of procedure to be initiated.

In the case of marriages, the measures relating to children will be established within the framework of a separation or divorce process. On the contrary, in de facto couples these measures will be established by a process of paternal-child measures. Regardless of whether it is a divorce or a process of parental measures, the adoption of measures can always be processed in two ways.

On the one hand, by way of mutual agreement. If both members of the couple are satisfied, a Regulatory Agreement is drawn up that will be ratified by a judge. On the other hand, if there is no agreement between the two, a contentious procedure must be initiated, in which holds a trial from which a judge issues a sentence with the measures that he considers appropriate for the sons.

8. Dissolution of the union

Although the ideal is for a married couple or couple to maintain their love, this does not always happen and it is necessary to make the decision to end the union. In the case of a marriage, it ends in two possible scenarios. The first, when one of the two spouses dies. The second, when one of the members requests a divorce. In order to request a divorce, it is not necessary to specify any reason, although once it is requested, it is not automatically produces the dissolution, but a divorce process is initiated that requires some formalities.

In the case of common-law couples, the union is dissolved for different reasons. It can end by death, just like in marriage. In addition, it can also be dissolved by mutual agreement, going to the Registry to request that it be so. In addition, it can also end because one of the members decides, because there is a de facto separation of more than six months or because one of the two has made the decision to marry.