In order to obtain the widow's or widower's pension, the constitution of the domestic partnership can be accredited by a legally valid means and not only by the register of domestic partners or by a notarial document.
This is established by the Supreme Court in a ruling of 7 April 2021, in which it recognises the possibility of presenting other evidence such as the census certificate or any other legally valid means of proof that unequivocally demonstrates cohabitation.
The ruling corresponds to the Contentious-Administrative jurisdiction as it deals with an application for a widow's pension from the unmarried partner of a Civil Guard, with whom she lived together in the family home.
The rapporteur, Judge Pico Lorenzo, recognises that "their stable cohabitation for more than 30 years, which the Seventh Section of the National High Court considered proven at trial, is sufficient for the recognition of the applicant for the widow's pension. Read more.
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