CAE Study 2024
Legal regime of unmarried couples in Europe
De facto unions, civil unions and registered partnerships, country by country
Barcelona, October 20245 min readOriginal language: Spanish
Unions between persons of the same sex with effects similar to those of marriage
TYPE OF UNION | Date of introduction | Is proof of cohabitation required? | Couples covered | Authority competent for its formation | Personal effects | Property effects | Form of dissolution | Compensation in the event of dissolution? | |
|---|---|---|---|---|---|---|---|---|---|
ITALY | CIVIL UNION | 2016 | Declaration by the parties before the civil registrar. | Exclusively for same-sex couples. | Civil registrar. | Same effects as marriage (including the rules on immigration), except for the duty of fidelity and joint adoption. | Statutory regime of community of property. Possibility of agreeing contractual regimes by notarial deed or by declaration before the civil registrar. Succession and tax effects. | By joint declaration before the court in the event of disagreement. | Yes, on the same terms as marriage. |
CZECH REPUBLIC | REGISTERED PARTNERSHIP | 2006 | Declaration by the parties. | Exclusively for same-sex couples. | Civil registrar. | Produces no effects as regards filiation. There is a reciprocal duty of assistance. Allows a residence permit to be obtained. | Powers of joint administration of property. Succession effects (the partner is a legal heir). Tax benefits. Same property regime as for spouses (community of property). | By court decision, at the request of one or both partners. | Where applicable, right to maintenance. |
CROATIA | REGISTERED PARTNERSHIP | 2014 | Simple declaration, made in the presence of two witnesses. | Exclusively for same-sex couples. | Before the civil registrar, in the presence of two witnesses. | Same effects as marriage, including those relating to filiation and immigration. | Same property effects as marriage, including succession and tax effects. Same property regime. | By court decision, at the request of one or both partners. | Yes, on the same terms as marriage. |
MONTENEGRO | REGISTERED PARTNERSHIP | 2020 | No. The declaration by the parties is sufficient. | Exclusively for same-sex couples. | Before the civil registrar. | Produces personal effects, including those relating to filiation and to obtaining a residence permit. | Effects similar to those of marriage: succession rights, same property regime and other legal consequences. | By mutual agreement or by court decision in the event of a dispute. | Yes, on the same terms as marriage. |
AUSTRIA | REGISTERED PARTNERSHIP | 2010 | Simple declaration by the parties. | For same-sex couples since 2019. | Before the civil registrar. | Effects similar to those of marriage. | Same property regime as marriage. Succession effects (the partner is a legal heir). Tax benefits. | Exclusively by court decision. | Yes, on the same terms as marriage. |
HUNGARY | REGISTERED PARTNERSHIP before the civil registrar / before a notary | 2009 | No. The declaration by the parties is sufficient. | Before the civil registry: same-sex couples only. Before a notary: open to all couples. | Civil registrar or notary, depending on the form. | Partnerships formed before the civil registry produce effects similar to those of marriage. | Those formed before the civil registry have effects similar to those of marriage: same property regime, succession effects, etc. The same is not true of those formed before a notary. | Before the civil registry: before a notary if there is agreement; before the court in the event of conflict. Before a notary: by notarial act. | Yes. |
SWITZERLAND | REGISTERED PARTNERSHIP | 2007 Repealed by the Act of 1 July 2022, which opened marriage to same-sex couples. | Declaration by the parties. | Exclusively for same-sex couples. | Before the civil registrar of the parties’ place of residence. | Effects as regards filiation (adoption and medically assisted reproduction) and obtaining a residence permit. | Separation of property, unless otherwise agreed. Succession and tax effects. | Court proceedings. | Yes. One partner may claim maintenance from the other. |
Unions open to all couples with effects similar to those of marriage
TYPE OF UNION | Date of introduction | Is proof of cohabitation required? | Couples covered | Authority competent for its formation | Personal effects | Property effects | Form of dissolution | Compensation in the event of dissolution? | |
|---|---|---|---|---|---|---|---|---|---|
UNITED KINGDOM | CIVIL PARTNERSHIP | 2004 Open to heterosexual couples since 2019. | Presence of two witnesses at the time of the declaration. | Open to same-sex and different-sex couples since 2019. | Before the civil registrar, in the presence of two witnesses. | Same effects as marriage. | Same effects as marriage. | By court decision. | Yes, in accordance with the applicable regime. |
SPAIN (regime of the Autonomous Communities) | REGISTERED PARTNERSHIP | 1998 in Catalonia, the first Autonomous Community to introduce it. | Yes. Cohabitation may be proved by any means of evidence, for example by a sworn statement. | Open to same-sex and different-sex couples. | Before a notary or before the competent authority, at the parties’ choice. In Catalonia a notarial deed is required. | Effects similar to those of marriage, including filiation (adoption, assisted reproduction, etc.) and residence permit. | Effects similar to those of marriage: succession, tax, joint and several liability for debts, etc. There is no statutory property regime; a contractual one may be agreed. | By unilateral or joint declaration entered in the Register of De Facto Couples, or by marriage. | Only if agreed beforehand. Possibility of maintenance. |
GREECE | REGISTERED PARTNERSHIP | 2008 Reform of 2015. | No. | Open to same-sex and different-sex couples since 2015. | Exclusively before a notary. | Effects similar to those of marriage, except adoption by same-sex couples. | Effects similar to those of marriage. The surviving partner is an heir of the deceased. | By unilateral or joint declaration recorded in a notarial deed. | Yes. |
ANDORRA | REGISTERED PARTNERSHIP | 2005 | Simple declaration by the parties. | Open to same-sex and different-sex couples. | Civil registrar. | Effects similar to those of marriage, including filiation and immigration (residence permit). | Effects similar to those of marriage: succession rights, tax benefits, etc. Same property regime as marriage. | By entry of the dissolution in the civil registry. | Yes. |
MALTA | CIVIL UNION | 2014 | Simple declaration by the parties. | Open to same-sex and different-sex couples. | Civil registrar. | Effects similar to those of marriage, including filiation and immigration (residence permit). | Effects similar to those of marriage: succession rights, tax benefits, etc. Same property regime as marriage. | In accordance with the regime laid down for marriage. | Yes, on the same terms as marriage. |
SLOVENIA | COHABITATION | 2016 | No. | Open to all couples. | At the parties’ choice, before a notary or another competent authority. | Same effects as marriage. | Same effects as marriage. | There is no specific procedure for the dissolution of the cohabitation. | Yes. |
Unions whose legal regime differs from that of marriage
TYPE OF UNION | Date of introduction | Is proof of cohabitation required? | Couples covered | Authority competent for its formation | Personal effects | Property effects | Form of dissolution | Compensation in the event of dissolution? | |
|---|---|---|---|---|---|---|---|---|---|
FRANCE | PACS (CIVIL SOLIDARITY PACT) | 1999 Reform of 2006. | No. Declaration by the parties. | Open to same-sex and different-sex couples. | Before the civil registrar of the municipality or before a notary. | There is no duty of fidelity and no possibility of joint adoption, which is reserved for marriage. | In principle, separation of property, with the option of community. No succession effects, except a right over the home, and tax effects equal to those of marriage. There is a primary regime: joint and several liability and contribution to household expenses. | By unilateral or joint declaration. | No. |
LATVIA | REGISTERED PARTNERSHIP | 2024 | Yes. | Open to same-sex and different-sex couples. | Exclusively before a notary. | Effects as regards social security (pensions). No effects on filiation or on obtaining a residence permit. | No co-ownership or community of property. No succession effects. Tax effects similar to those of marriage. | By court decision or by mutual agreement recorded in a notarial deed. | No. |
BELGIUM | LEGAL COHABITATION | - | Simple declaration. | Open to same-sex and different-sex couples. | Declaration before the civil registrar. The parties may regulate their property regime by contract before a notary. | Produces no personal effects comparable to those of marriage. | Separation of property. Special protection of the family home. No succession effects, except the usufruct of the shared home. | By unilateral or joint declaration before the civil registrar. | No. |
ALBANIA | REGISTERED PARTNERSHIP | 2009 | Yes. Cohabitation must be proved. | Opening to same-sex couples is not indicated. | Before a notary. | No effects on filiation or on obtaining a residence permit. | No property, succession or tax effects. | No answer was provided. | No answer was provided. |
Countries without legislation on registered partnerships: Bosnia and Herzegovina, Bulgaria, Georgia, Lithuania, North Macedonia, Poland, Romania, Serbia, Slovakia, Turkey and Ukraine. Germany abolished the registered partnership regime in 2017, when it opened marriage to same-sex and different-sex couples.
Switzerland: since the entry into force of the Act of 1 July 2022, which opened marriage to all couples, it is no longer possible to form new registered partnerships.