Re: Having a baby!
 

Thanks for the replies! And good luck with your nationality applications chopera.

Indeed, having been together 8 years and expecting a planned child together, we're considerably more committed to one another than many married couples I know! It's just that neither of us sees the need for a piece of paper to demonstrate that commitment.

Re: Having a baby!
 

A marriage certificate is NOT just a piece of paper, as many unmarrieds are so fond of saying. Legalities, rights are involved here!

Re: Having a baby!
 

Hence my original question!

Re: Having a baby!
 

I know that the father doesn't HAVE to register the birth - my two were born in a State Hospital and an employee went every day to the Town Hall to register all the previous day's births (provided the future parents had filled in the forms).
And you don't HAVE to register at the British Consulate, but it's oh, so useful when the children would like British Passports for future travel. Some visas are cheaper with British Passports than with their French ones.... My OH is French, by the way and is happy for his daughters to be dual-nationality....
I said Notary, as, in France, they are the ones to deal with Wills and all Inheritance questions. Avocats (lawyers) aren't competent for this...
But then I live in France and just thought that the procedures would be the same in Spain....

Re: Having a baby!
 

You would do well to get some legal advice. Different countries have their own particular rules.

For example, we found out that in the US, even though we are married, because we were not citizens, if one of us died, the other would not get the tax free transfer of assets which US married citizens (just like UK citizens in the UK) would receive. The remaining spouse would be taxed on the assets prior to receiving them.

We had to establish a trust so that the remaining spouse would not get taxed immediately.

You may find that in Spain since you are not married, inheritance tax would be liable for the remaining spouse; property in your partner's name would not automatically revert to you etc etc; even that the grandparents might have rights to the child you had never thought of.

Re: Having a baby!
 

In Spain,even if you are married you are liable for IHT on your spouses half, and property does not automatically revert to you, even if you have made a Spanish will.
I have also heard that the Spanish tax office does not recognise trusts.

Re: Having a baby!
 

"Having a child together isn't commitment, it's just one of the outcomes of having sex" -that little piece of paper which means tying yourselves together legally so that neither can walk away without redress - that does demonstrate commitment.

Re: Having a baby!
 

Someone else on this forum who is 50 years out of date :p

I am married but only because it was a great chance for a party for the whole family, and so not to embarrass the traditional Spanish abuelos

But I'm with the OP, having a child is the biggest committment one can make. And with child support agencies and the like these days, there is no running away from your responsibilities

Re: Having a baby!
 

Well I guess there are people out there who view their children in that way, but thankfully most people value the lives they bring into the world somewhat higher than the potential financial costs of divorce.

Re: Having a baby!
 

" And with child support agencies and the like these days, there is no running away from your responsibilities"
and that is the reason that CSA's had to be set up because people were doing just that - running away and not offering their OH's the protection afforded by the Law through committing to marriage.

Re: Having a baby!
 

Erm no, the CSA is there for both people who were married and then divorced, or not. It makes no difference

Re: Having a baby!
 

The Child Support Agency (CSA) was formed in 1993 following the Child Support Act, 1991. It was set up as a 'Next Step' agency, and reports directly to the Department of Work and Pensions (formerly the Department of Social Security). Its purposes are basically four-fold; to trace the non-resident parent (NRP), to assess how much s/he should pay in maintenance, to provide a collection service if required and to enforce payment if necessary.

By the time 1992 arrived it was clear that the issue of child support was becoming a prominent issue as it had developed into a huge expenditure burden for the government. During Thatcher's era the child support bill had trebled to £6.6 billion, and thus was a massive and increasing tax burden for the country. The number of children born to unmarried mothers had risen to 31% by 1990 (10% in 1970), the number of lone parents claiming benefits had risen to 70% by 1989 (37% in 1971), yet the numbers receiving from the non-resident partner had dropped to 23% in 1989 (50% in 1979).

Re: Having a baby!
 

and your point is?

Re: Having a baby!
 

Even though you may not agree, you can surely see what the point is.

Re: Having a baby!
 

No comment about Inheritance tax in Spain, not receiving your spouses half of the property / his money tax free, even it you are married, and a will has been made leaving his share to you.SanDiegogirl got her facts wrong. It's surprising how many expats get a shock on learning this, even with all the info about.