Understanding the "Registered Partnership" in Germany (Lebenspartnerschaft)
When we arrive in Germany, many of us come with a clear idea of what "registered partnership" or "free union" means in our countries. However, the legal reality in Germany can be surprising. The figure of Lebenspartnerschaft (registered partnership) existed for same-sex couples, offering them rights similar to those of marriage. But this situation changed radically in 2017.
Since October 1, 2017, Germany introduced Ehe für alle (marriage for all), allowing same-sex couples to also marry. This meant that Lebenspartnerschaft could no longer be registered for new couples. Couples who were already in a Lebenspartnerschaft could maintain it or convert it into marriage. For heterosexual couples, there was never an equivalent figure to Lebenspartnerschaft; they are simply considered "unmarried" under the law, with very different implications than a "registered partnership" in, for example, Spain, Mexico, or Colombia.
This is crucial to understand that if you are a Hispanic couple living in cities like Berlin, Munich, Frankfurt, or Cologne without being married, you do not automatically have the same rights and obligations as a married couple, nor those you might expect from a "registered partnership" in your home country.
Living Together Without Marriage: What Options Do Hispanic Couples Have in Germany?
The Current Reality: Marriage for All (Ehe für alle)
For German law, if you want to obtain the rights and obligations traditionally associated with a formal union, the main path is marriage (Ehe). This is now accessible to all couples, regardless of their sexual orientation, and is the most direct way to ensure mutual legal and financial protection.
If the idea of marriage does not fit with your plans or beliefs, it is vital to understand that simply living together, without any type of formal registration, does not grant you automatic rights in most important areas. This is a crucial difference compared to many Hispanic legislations that do recognize certain rights for unregistered partnerships.
The Cohabitation Agreement (Partnerschaftsvertrag or Ehevertrag)
If you decide not to marry, the most powerful tool you have to protect each other is a cohabitation agreement, known as Partnerschaftsvertrag for unmarried couples, or a Ehevertrag (marriage contract) if you plan to marry but want to regulate specific aspects. This contract, ideally notarized, allows you to establish agreements on:
Assets and Finances: How income is distributed, who contributes to what expenses, what happens to the assets acquired during cohabitation.
Housing: Who has the right to remain in the shared housing in case of separation.
Children: Although Sorgerecht (parental custody) is governed by specific laws, the contract can address maintenance and visitation agreements.
Inheritance: Without a will (Testament) or a contract that stipulates it, the unmarried couple has no automatic inheritance rights.
It is important to highlight that a Partnerschaftsvertrag, while very useful, cannot equal all the rights conferred by marriage, especially in areas like taxes or social security.
Tax and Social Security Implications for Couples in Germany
This is where the differences are most palpable and can have a significant economic impact on Hispanic families in Germany.
Taxes (Steuern)
One of the biggest advantages of marriage in Germany is Ehegattensplitting (income splitting for spouses). This system allows married couples to choose a combination of tax classes (Steuerklassen) that often results in a lower tax burden for the family overall, especially if there is a notable difference in income between both spouses. Unmarried couples do not have access to Ehegattensplitting and are taxed individually, which can mean paying more taxes annually. Additionally, in inheritance law (Erbrecht), married spouses enjoy much greater tax exemptions when inheriting assets, while unmarried couples face higher rates and minimal exemptions.
Insurance and Benefits (Versicherungen und Leistungen)
Health Insurance (Krankenversicherung): For married couples, Familienversicherung (family insurance) allows a spouse with low or no income to be insured at no additional cost through the other spouse's insurance. Unmarried couples must each have their own health insurance, which doubles the costs.
Pension Insurance (Rentenversicherung): Only married spouses are entitled to survivor's pension (Hinterbliebenenrente) in the event of their partner's death. Unmarried couples do not have this protection.
Liability Insurance (Haftpflichtversicherung): Many Haftpflichtversicherung policies automatically cover the spouse and children. It is crucial to check if your policy also covers your partner if you are not married, or if you need additional coverage.
Custody Rights (Sorgerecht) for Children: If the parents are not married, the mother automatically has sole custody (alleiniges Sorgerecht) when the child is born. For the father to have joint custody (gemeinsames Sorgerecht), he must acknowledge paternity (Vaterschaftsanerkennung) and both parents must sign a joint custody declaration (Sorgeerklärung) before the youth welfare office (Jugendamt) or a notary.
As you can see, living together without marriage in cities like Düsseldorf, Stuttgart, or Leipzig, or anywhere else in Germany, involves a very different scenario than what many of us know.
Protect Your Future and Your Family in Germany
The complexity of the German legal and financial system, especially regarding partnerships, makes professional advice indispensable. It is not just about knowing the laws, but applying them to your personal and family situation, to ensure that you and your loved ones are protected.
At Finanzen Campuzano by BarmeniaGothaer, we understand the particularities and needs of Hispanic families and mixed couples in Germany. As the head of a service center at BarmeniaGothaer, Elvis Campuzano is your trusted advisor at BarmeniaGothaer to understand these differences and find the insurance and finance solutions that best fit your reality. Whether you need clarity on your health insurance, investment options, or retirement plans, we guide you every step of the way.
Do not leave your family's future to chance. Contact us for a personalized consultation. We are here to help you navigate the German system with confidence.
Call Elvis Campuzano at 0172 2638910 or visit our website: finanzencampuzano.de