In previous blog posts, we explained the steps for establishing a domestic partnership. However, there may come a time when we decide not to continue with the domestic partnership we have established.
In Catalonia, there are very specific grounds for determining that a domestic partnership has been dissolved. The dissolution must be processed through the Catalonia Domestic Partnership Registry. Do you know what those grounds are?
One of the most common reasons is the cessation of cohabitation and the breakdown of the shared life. What does this mean? It means that I am no longer physically living with my partner, and this is reflected in my registration with the municipal registry. If I can prove that we are no longer living together—using a Certificate of Cohabitation—I can initiate the process with the Registry of De Facto Couples by submitting that certificate and filling out an application form. Therefore, I must prove that, at present, my partner is not registered at my address.
Another reason, though perhaps less common, is the death or declaration of death of one of the cohabitants. In this case, you must submit the corresponding death certificate along with the form (application).
We may also encounter the following cause for termination: the marriage of either partner. When filing with the Civil Registry for Domestic Partnerships, it will be necessary to submit the marriage certificate issued by the Civil Registry.
Another very common reason for the dissolution of a domestic partnership is that both parties, by mutual agreement, decide to formalize it in a notarized deed. Since this procedure is carried out at the notary’s office, the notary will send the notarized deed through the designated channel to the Civil Registry of Domestic Partnerships so that the termination can be recorded.
Finally, we may encounter the following grounds for termination: “The intention of one of the cohabitants, reliably notified to the other.” What does “reliably notified” mean? It means providing written proof to the other person that I wish to dissolve the domestic partnership—for example, by sending them a Burofax.
What will the Civil Registry for Domestic Partnerships require of us in this case? It will ask us to attach the certificate of the contents of the termination and the acknowledgment of receipt. In this regard, a certification of content will be required: we will be asked to verify that the content of the letter being submitted is the same as that which was sent. In addition, we will also be asked to provide the acknowledgment of receipt—that is, written confirmation of delivery—so that there is a record of when and by whom it was received.
If you want to file for the dissolution of your domestic partnership, please don’t hesitate to contact us.
Anna Nicolàs Torán
Attorney Specializing in Family Law
MC Abogados
