# Confused over Civil Partnership status



## pittstop (Apr 19, 2012)

Hi everyone. 

I've been googling like mad to try and cut through some of the confusing and very contradictory reports regarding Civil Partnerships in Spain and hoped that someone here might be in a similar situation to me and could point me in the right direction. 

Basically I have been under the impression that as an EU citizen (British) my Civil Partnership certificate (issued in the UK) was recognised by Spanish law. But today I have learned that Spain may not recognise this certificate as legal and may even not recognise my marital status?! 

An article posted by Expatica today Getting married in Spain: Marriage and partnerships in Spain | Family Essentials | Partners | Expatica Spain appears to imply I need to have my Civil Partnership registered in Spain, however I am struggling to figure out HOW?! or for that matter WHY since British Marriage Certificates are legal. 

Can anyone clarify the situation? What I need is answers to the following:

- Do Spain recognise Civil Partnerships conducted abroad? 
- Do they require Civil Partnership certificates be registered here in Spain? 
- How do I register this document, what supporting information is required and who do I need to contact? 

I have been under the impression for SEVEN YEARS that this document was legal here, but now I'm worried that should anything happen to me or my partner we are going to wind up with a huge inheritance tax bill, no pension rights and a legal battle over property ownership. The very things we hoped to avoid by getting the Civil Partnership in the first place! 

The article rather than making this simpler has actually muddied the waters. 

To make matters worse. no one on the British end (Gov.org) seems to have any information regarding this issue and are passing the book to Spain, despite this kind of information being ESSENTIAL to the plans of migrants moving from the UK to Spain.


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## AllHeart (Nov 22, 2013)

Hi Pittstop. Welcome to the forum. I'm thinking civil partnership means what we call in Canada common-law? If so, here's a recent thread with some info that you may find helpful:

http://www.expatforum.com/expats/sp...in/663802-canada-spain-common-law-couple.html

Seems like what people are saying the best bet to find out is through your consulate. I hope you find answers to your questions.


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## AllHeart (Nov 22, 2013)

I see you're not new here. Sorry, I read 0 in rep power as 0 posts. Silly me! Don't mind me!


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## xabiaxica (Jun 23, 2009)

pittstop said:


> Hi everyone.
> 
> I've been googling like mad to try and cut through some of the confusing and very contradictory reports regarding Civil Partnerships in Spain and hoped that someone here might be in a similar situation to me and could point me in the right direction.
> 
> ...


check with the consulate to make certain - but friends of mine who had been in a legal UK civil partnership for quite some years, just got married last week, because the civil partnership wasn't recognised here


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## AllHeart (Nov 22, 2013)

Nothing like first-hand information like Xabiachica gives you!

Here's a link with info for the Consulate of Spain in the UK:

Consulates in the UK


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## mrypg9 (Apr 26, 2008)

There seems to be a huge misperception here. It seems that the OP is referring to UK Civil Partnerships which are for same- sex couples. Nothing to do with heterosexual common- law partnerships.
My partner and I had a CP ceremony in the UK in 2006 and like you, we are uncertain as to the status here in Spain.
I. Intend to see a lawyer and get more information. Meanwhile we've each made UK wills relating to inheritance.

Apologies if I'm wrong....


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## mrypg9 (Apr 26, 2008)

Just to add that if indeed CPs are not recognised in Spain and we may find there are compelling reasons to get married we shall both be annoyed as neither of us wishes that status.


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## xabiaxica (Jun 23, 2009)

mrypg9 said:


> There seems to be a huge misperception here. It seems that the OP is referring to UK Civil Partnerships which are for same- sex couples. Nothing to do with heterosexual common- law partnerships.
> My partner and I had a CP ceremony in the UK in 2006 and like you, we are uncertain as to the status here in Spain.
> I. Intend to see a lawyer and get more information. Meanwhile we've each made UK wills relating to inheritance.
> 
> Apologies if I'm wrong....


my friends who married last week are a same-sex couple.... they've done it because of some kind of inheritance issue here in Spain - they were perfectly happy with their civil partnership status


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## mrypg9 (Apr 26, 2008)

xabiachica said:


> my friends who married last week are a same-sex couple.... they've done it because of some kind of inheritance issue here in Spain - they were perfectly happy with their civil partnership status


Do they own property in Spain? We don't and our cash is invested all over the place.
Our wills are specifically UK wills.
I really hope we don't have to,get married....


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## Lynn R (Feb 21, 2014)

mrypg9 said:


> Do they own property in Spain? We don't and our cash is invested all over the place.
> Our wills are specifically UK wills.
> I really hope we don't have to,get married....


But if, at the time of the first death, the surviving partner is still tax resident in Spain, then no matter where the assets are located they would still be liable to Spanish inheritance tax.

It is only when assets located outside of Spain are bequeathed to a beneficiary who is not a Spanish resident that Spanish inheritance tax doesn't apply.

I don't know the answer to the question as to whether civil partnerships are recognised for IHT purposes in Spain, though.


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## mrypg9 (Apr 26, 2008)

Lynn R said:


> But if, at the time of the first death, the surviving partner is still tax resident in Spain, then no matter where the assets are located they would still be liable to Spanish inheritance tax.
> 
> It is only when assets located outside of Spain are bequeathed to a beneficiary who is not a Spanish resident that Spanish inheritance tax doesn't apply.
> 
> I don't know the answer to the question as to whether civil partnerships are recognised for IHT purposes in Spain, though.


The cash we have is tied up in such an way as not to be liable for Spanish IHT. But I'm keen to find out whether I am living in sin, so to speak.....


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## AllHeart (Nov 22, 2013)

mrypg9 said:


> There seems to be a huge misperception here. It seems that the OP is referring to UK Civil Partnerships which are for same- sex couples. Nothing to do with heterosexual common- law partnerships.


Thanks for clarifying that term, Mary.


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## xabiaxica (Jun 23, 2009)

mrypg9 said:


> Do they own property in Spain? We don't and our cash is invested all over the place.
> Our wills are specifically UK wills.
> I really hope we don't have to,get married....


yes they own a house

until recently though they've always just about spent more time in the UK than here, dealing with elderly relatives

they are now able to spend more time here & will be properly resident - so they were left with no choice


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## pittstop (Apr 19, 2012)

xabiachica said:


> check with the consulate to make certain - but friends of mine who had been in a legal UK civil partnership for quite some years, just got married last week, because the civil partnership wasn't recognised here


I contacted the consulate via email the day I posted in this forum and the answer I got was both USELESS and FRUSTRATING in how vague and unhelpful it was. Basically they said "get a lawyer". 

The UK side were even less helpful, they actually said "How would we know?" which considering the British government website is supposed to be there to advise people changing their residence from UK is pathetic to be honest. 

I'm still in the process of obtaining a family law expert to clarify the subject, but it does seem the best course of action is to have the Civil Partnership "upgraded" to a Marriage Certificate, as has been legally possible in the UK for about 2 years now. Only downside there is that you have to do it at your LOCAL registry office, which essentially means going back to the UK. Fortunately as I was one of the first to get Civil Partnered in the UK the cost of the replacement certificate is much cheaper. However on the negative side it means actually returning to the UK to sign the register in person. (Something I hadn't budgeted for this year).


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## mrypg9 (Apr 26, 2008)

pittstop said:


> I contacted the consulate via email the day I posted in this forum and the answer I got was both USELESS and FRUSTRATING in how vague and unhelpful it was. Basically they said "get a lawyer".
> 
> The UK side were even less helpful, they actually said "How would we know?" which considering the British government website is supposed to be there to advise people changing their residence from UK is pathetic to be honest.
> 
> I'm still in the process of obtaining a family law expert to clarify the subject, but it does seem the best course of action is to have the Civil Partnership "upgraded" to a Marriage Certificate, as has been legally possible in the UK for about 2 years now. Only downside there is that you have to do it at your LOCAL registry office, which essentially means going back to the UK. Fortunately as I was one of the first to get Civil Partnered in the UK the cost of the replacement certificate is much cheaper. However on the negative side it means actually returning to the UK to sign the register in person. (Something I hadn't budgeted for this year).


I'm off to the UK in April so intend to discuss with my lawyer.
We would find it very difficult to both go to the UK to 'upgrade' as we have two big dogs which we will not put in kennels, not that many would board a 54kilo Ridgeback...
'Upgrade'.....anyone would think it was something to do with Economy v Business Class on BA.


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## larryzx (Jul 2, 2014)

A couple I know well have been together for over 40 years. 

Some years ago one was in hospital. The other was denied information regarding his health as they were not related. I know rules are rules but that seemed incredible insensitive. 

To clarify their situation they (I believe the first couple in Andalucía to do so) took advantage of same sex couple rules to legalise their union. As a result they have I believe all the same rights as a married heterosexual couple.

When I told Mary Harboe, then a presenter on Radio Europe (Marbella) she interviewed them on air so that others could benefit from their experience. .


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## pittstop (Apr 19, 2012)

mrypg9 said:


> .
> 'Upgrade'.....anyone would think it was something to do with Economy v Business Class on BA.


I use the term ironically. In my view calling myself "married" isn't better than being civil partnered, but if it guarantees mine and my partner's security for the future then I'll play. 

To be fair the trip over to the UK is an issue for me too, from a financial point of view. I really don't get why there is no way to do it without being there in person? It's 2015! surely they realise there are circumstances where people can't do this stuff in person? They give us postal votes and let us file our taxes on line, why not rubber stamp the replacement certificate based on a phone call or email? 

And they say bureaucracy in Spain is bad....


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## mrypg9 (Apr 26, 2008)

pittstop said:


> I use the term ironically. In my view calling myself "married" isn't better than being civil partnered, but if it guarantees mine and my partner's security for the future then I'll play.
> 
> To be fair the trip over to the UK is an issue for me too, from a financial point of view. I really don't get why there is no way to do it without being there in person? It's 2015! surely they realise there are circumstances where people can't do this stuff in person? They give us postal votes and let us file our taxes on line, why not rubber stamp the replacement certificate based on a phone call or email?
> 
> And they say bureaucracy in Spain is bad....


I wasn't getting at you.. I've seen the term used a lot and it annoys me.

I agree with you about being 'married'. We had been together for twenty-six years when we had our CP nine years ago this June and we did it so we could jointly inherit - my pension, her business and investments! OK, we had a great day out with friends and family but when I think of the money we spent on it...we could have bought a car or had a good holiday...

We have both been heterosexually married and have zero wish to be married again. But it seems for inheritance purposes we may have to do so here in Spain.
If so, there will be no guests, no champagne reception, no sit down dinner, no dancing afterwards......we might just pull in some witnesses off the streets. 
Then home to take the dogs out.


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## Lynn R (Feb 21, 2014)

mrypg9 said:


> I wasn't getting at you.. I've seen the term used a lot and it annoys me.
> 
> I agree with you about being 'married'. We had been together for twenty-six years when we had our CP nine years ago this June and we did it so we could jointly inherit - my pension, her business and investments! OK, we had a great day out with friends and family but when I think of the money we spent on it...we could have bought a car or had a good holiday...
> 
> ...


We felt the same way when we got married in Gibraltar last year, strictly for tax and legal reasons. We "hired" two witnesses online, a local wedding planner and her assistant, for 25 pounds each which was a lot cheaper than having to take two friends or relations with us and pay for their travel and hotel expenses. Marriage ceremony at 9.30 am and we were home again (by public transport) that afternoon. No photographs, no rings and no change of name for me. Even so we begrudged the amount we had to spend!


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## mrypg9 (Apr 26, 2008)

Lynn R said:


> We felt the same way when we got married in Gibraltar last year, strictly for tax and legal reasons. We "hired" two witnesses online, a local wedding planner and her assistant, for 25 pounds each which was a lot cheaper than having to take two friends or relations with us and pay for their travel and hotel expenses. Marriage ceremony at 9.30 am and we were home again (by public transport) that afternoon. No photographs, no rings and no change of name for me. Even so we begrudged the amount we had to spend!


And in our case, whoever wins the elections in May, I know the Councillors who 'do weddings' so will find it hard not to smirk or giggle during what should be a solemn ceremony.


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