Civil Partnerships and European Family Law
In 2007, a Nota Verbale released by the Spanish government suggested that the countrys family law would give recognition to UK civil partnerships, however since then there have been questions of how effective a UK civil partnership is in Spain, particularly with regards to inheritance tax law. This is a matter of great importance because a large number of British people retire to Spain every year and the same sex British couples who choose to retire there should be fully aware of their legal status as civil partners.
Despite the Nota Verbale in 2007, many British civil partners have found that their legal relationship status is less sure than they might have thought previously. There cant be said to be any doubt per se about the recognition given to their relationships by the Spanish authorities, but there is one problem. In Spain there is something known as a Union de Hecho which is a type of common law union which is available to same sex couples. Unfortunately, British civil partners cannot enter into this union to make the state recognise their relationship status. This is because in order to be allowed to enter into it, the British Consulate would have to present them with a certificate of no impediment to marry. This is not possible because they are of course already civil partners. This is why it is no exaggeration to say that some couples have been forced to dissolve their civil partnership in the UK before entering into a Union de Hecho in Spain.
The reason all of this is so important really concerns inheritance tax. Without the legal recognition of a Union de Hecho, when one partner dies the surviving partner will be considered an unrelated stranger and will therefore be liable to pay the maximum amount of inheritance tax. It is therefore important for civil partners to be familiar with family law in their country of residence.
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