The Supreme Court has equated de facto couples with marriages for the purposes of obtaining the title of large family. The only requirement is registration in a registry of de facto unions to prove cohabitation. The court has reached this conclusion when examining the case of a de facto couple registered in the regional register of de facto unions, parents of three children in common, to whom the Family Department of the Government of Andalusia granted the title of large family. in 2019. Now, he named the father, who was the applicant, as beneficiary, but not the children and the mother.
The couple appealed the case to a contentious-administrative court in Seville, which ruled in favor and ordered the administration to also recognize the mother as a member of the large family with full effect. The Superior Court of Justice of Andalusia confirmed this decision, but the Andalusian government appealed it.
The Supreme Court defends that the family is the basis and the object of the regulation of the Law on Large Families, “without the conjugal or marital bond having constitutive effects of the condition of a large family.”
The court has recognized that a legal reform in this sense would be desirable, and has confirmed that when the Family Law project was finally approved, it expired when the Cortes was dissolved.
