The process of establishing a de facto couple or domestic partnership in the Basque Country

Introduction

The purpose of the Registry of de facto couples of the Autonomous Community of the Basque Country is to register all those people who are or wish to become de facto couples, both of the same and different sexes, to whom the provisions will be applicable from then on. in Law 2/2003 of May 7 regulating de facto couples.

It is a procedure that many couples carry out so that the member of the couple of foreign origin can access the residence card for a family member of a Union citizen as a registered couple and therefore a family member of a Union citizen.

Likewise, the members of the couple may regulate, by mutual agreement, the content of the personal and economic-property relationships derived from their union, with an indication of their respective rights and duties, as well as economic compensation in the event of termination of the relationship. the de facto couple, by signing an agreement or pact regulating them.

Applicable regulations

Law 2/2003, of May 7, regulating de facto couples

DECREE 155/2017, of May 16, which approves the Regulation regulating the Registry of Domestic Couples of the Autonomous Community of the Basque Country.

Applications

The applications that can be made to the Registry of Domestic Partnerships of the Autonomous Community of the Basque Country (CAPV) are the following:

• Application for registration as a de facto couple
• Cancellation request (by common agreement or by unilateral decision)
• Request for incorporation or modification of the agreement regulating economic-property relations
• Certification request

Processing

The processing can be carried out both electronically and in person at the Zuzenean service offices.

The Basque Government body in charge of managing and resolving the files is the Department of Equality, Justice and Social Policies / Vice-Ministry of Social Policies > Directorate of Family Policy and Diversity.

Regardless of the place of submission of the application, it will require the appearance, in person, of both members of the couple, before the administrative unit of the Registry of Domestic Partnerships of the CAPV competent for the management and processing of the application. This appearance is also required in electronic procedures. The appearance process will require a prior appointment.

Requirements

• Be both adults or emancipated minors.
• Have both full capacity.
• Not be related by blood or adoption in a straight line.
• Not be related by blood in the second collateral degree (brothers or sisters).
• Neither of the two people be united to another by marriage or de facto partnership.
• At least one of the members of the couple must have a Basque civil neighborhood.

General documentation

1. Copy of the DNI, NIE or Passport of each of the people that make up the couple, except in the case that one or both of them have authorized the Registry of De facto Couples of the CAPV to verify, certify or verify the DNI. or NIE.
2. Civil Status of each of the people who make up the couple; or equivalent document, issued by the competent authority, in the case of foreigners, that proves their current marital status.

The document must be original, and must have been issued less than one month in advance of the date of submission of the registration application, in the case of nationals, and three months in advance, in the case of foreigners.

3. Accreditation of the Basque civil neighborhood by at least one of the members of the de facto couple, in the manner indicated depending on whether it is a person with Spanish nationality by birth or a foreign person with Spanish nationality acquired.

a) People with Spanish nationality by birth residing in the CAPV:

• Registration certificate proving continued residence in the Basque Country for the last 10 years, and the literal birth certificate; either,
• Literal birth certificate stating the voluntary acquisition of Basque civil neighborhood before the Civil Registry for continuous residence in the CAPV for more than 2 years.

b) People with Spanish nationality by birth who are not residents of the CAPV:

• Literal birth certificate stating the acquisition of Basque civil neighborhood; either,
• Registration certificate accrediting continued residence in the CAPV for 10 years, certificates of subsequent registrations up to today and literal birth certificate.

c) Foreign persons who have acquired Spanish nationality:

• Literal birth certificate stating the acquisition of Basque civil neighborhood at the time of nationalization; either,
• Any of the forms indicated for people with Spanish nationality by birth if at the time of obtaining Spanish nationality they opted for another civil neighborhood.

In any case, literal birth certificates issued more than three months in advance of the date of submission of the registration application, nor registration certificates issued more than three months before the date of submission of the registration application, will not be valid for the purposes of proving civil proximity. one month in advance of that date.

Foreign documentation

Any foreign public document provided must meet the following requirements:

1. It must be officially translated into Basque or Spanish, unless it has been issued in one of said languages.
2. They must be legalized in accordance with the provisions determined by the legislation of general and pertinent application in the matter. In this point:

In the event that the country that issued the document has signed the Hague Convention number ) legalization will not be necessary for the mutual recognition of public documents, although a seal or apostille will be required.

In the event that the country that issued the document is a Member State of the European Union, there is currently no requirement that public documents (for example, a birth certificate, a marriage certificate or a court decision) and their copies certified certificates, issued by the authorities of said country, must be legalized, and must be accepted as authentic by the authorities of another country of the European Union, without the need for a seal of authenticity (the apostille).

Registration as a de facto couple

The registration in the Registry of Domestic Partnerships of the CAPV of the declarations of constitution of domestic partnerships has a constitutive nature, and will take effect from the date of the resolution by which it is agreed to carry out the aforementioned registration. This being so, the provisions of Law 2/2003, of May 7, regulating de facto couples, will not apply to couples who do not wish to register in said registry.