In previous blog posts, we explained the ways to form a domestic partnership. However, it may happen that we decide not to continue with the domestic partnership we have formed.
In Catalonia there are some very specific causes to understand that a domestic partnership is extinguished. The procedure for the extinction must be done in the Registry of Domestic Partnerships of Catalonia. Do you know what are the causes?
One of the most common causes is the cessation of the cohabitation with rupture of the community of life. What does it mean? It means that I no longer physically live with my partner and this has repercussions on the census. If I can prove that we are no longer living together, with a Certificate of Cohabitation, I can start the procedure before the Registry of Domestic Partners with that Certificate and filling in a form (application). Therefore, I must accredit that, at the present time, the other member of the couple is not registered in my domicile.
Another cause, perhaps less frequent, is the death or declaration of death of one of the partners. In this case it is necessary to provide the corresponding death certificate, in addition to the form (application).
We can also find the following cause of extinction: the Marriage of any of the cohabitants. Before the Civil Registry of Domestic Partnerships it will be necessary to provide the marriage certificate issued by the Civil Registry.
Another cause that is very frequent of extinction of the domestic partnership is because both parts, of common agreement, decide to formalize it in public deed. Since this procedure will be done in the Notary, it is the same one who will send the public deed, by the enabled channel, to the Civil Registry of Domestic Partnerships so that the extinction is noted.
Finally, we can find the following cause of extinction: “Will of one of the cohabitants notified reliably to the other”. What does reliable notification mean? To put on record that I want to extinguish the domestic partnership to the other person, for example, sending him/her a Burofax.
What will the Civil Registry of Civil Partnerships ask us in this case? It will ask us to attach the certificate of content of the extinction and the acknowledgement of receipt. In this sense, they will ask for a certificate of content: they will ask us to prove that the content of the letter that is presented is the same as the one that has been sent. In addition, we will also be asked to show the Acknowledgement of Receipt, that is to say, the confirmation of delivery in writing, so that there is a record of when and by whom it was received.
If you want to process the termination of the domestic partnership, do not hesitate to contact us.
Anna Nicolàs Torán
Lawyer Expert in Family Law
M&CAbogados
