A tale of two prides: LGBTQ+ cross border rights in Spain & the UK

Pride season is traditionally a time of celebration, but it is also a reminder of the legal scaffolding that protects (or fails to protect) our communities.

For modern, mobile LGBTQ+ families —especially those with ties, property or heritage spanning both the UK and Spain— this legal polarisation introduces complex challenges for wealth preservation, relationship recognition and inheritance.

The Burnside Partnership is a UK specialist private client law firm that provides dedicated legal and tax services tailored to the LGBTQ+ community and diverse family structures. Our Spanish Desk combines technical excellence with deep empathy to help clients put appropriate legal protections in place in the UK and Spain, tailored to their individual circumstances.

Please find below the following tips to make a smooth move with your partner:

Cross-border LGBTQ+ inheritance

Protecting cross-border LGBTQ+ inheritance between Spain and the UK requires a comprehensive plan. Because unmarried cohabitants lack automatic inheritance rights in the UK and Spain’s regional laws vary, establishing clear legal recognition and formally drafting localised Wills is essential to secure your partner’s future.

Key Strategies for LGBTQ+ protection:

  • Formalise your relationship: both the UK and Spain recognise same-sex marriages. If you have a UK Civil Partnership, it may be recognised in Spain in some circumstances and regions for inheritance tax reductions, effectively treating you as a spouse. Unmarried partners (even if registered as a pareja de hecho in Spain) have significantly fewer automatic protections in both jurisdictions.
  • Draft co-ordinated Wills: you will need separate Wills. A UK Will generally governs assets in England & Wales, while a Spanish will (testamento) executed before a Notary Public will handle your Spanish properties and assets.
  • Invoke Brussels IV (EU Regulation 650/2012): Spain defaults to forced heirship rules, which can limit your ability to leave everything to your partner. For Brits, by explicitly electing the law of your nationality in your Spanish Will, you may be able to avoid the application of Spanish forced heirship rules and apply English law, giving you broader testamentary freedom, subject to the circumstances of your estate and any applicable claims. Spaniards living in the UK should take specific advice on succession planning, as the applicable law will depend on nationality, habitual residence and any valid choice of law.
  • Clarify tax liabilities: Inheritance Tax (IHT) is not covered by the UK-Spain double taxation treaty. Spouses and civil partners may benefit from tax advantages in both jurisdictions, but without formalising your union, your partner may be treated less favourably for Spanish succession tax purposes, potentially resulting in significantly higher tax rates depending on the relevant region and circumstances.

Marriage and family across borders

  • Same-sex marriages: they are legally recognised in both Spain (since 2005) and the UK (England, Wales, and Scotland). If you were married in Spain, your marriage will generally be recognised as marriage in the UK. Please ensure you obtain the Apostille of the Hague on your marriage certificate, so it is easily authenticated across borders. We can assist you with this arranging for legalization and translation.
  • Spain allows full joint adoption and access to assisted reproduction: If your child was born in Spain, you may apply to register their birth directly with the UK Consular services or apply for a UK passport if one parent is a British citizen. Bear in mind though that British nationality by descent, parental status, surrogacy/assisted reproduction rules, and documentation requirements can be complex.
  • Consider getting a second-parent adoption in the UK if your name is not on the Spanish birth certificate: this ensures that if you return to the UK permanently, the non-biological or non-legal parent is recognized unconditionally under UK family law.
  • To apply for the European Certificate of Parenthood (if implemented under the proposed EU regulation): to help cross-border recognition if you hold dual nationality or move within the EU, if applicable.

Visas and residency

  • For mobile couples: thanks to EU free movement directives, an LGBTQ+ spouse (even if from a non-EU country) who is legally married to an EU citizen can reside with them in Spain or move to another EU state. However, residence formalities and evidence requirements are necessary.
  • Post-Brexit: if you are a Spanish citizen moving to the UK with an LGBTQ+ non-EU spouse, you will need to apply for family visas through the UK Home Office. It is critical to carefully review current UK immigration rules via the UK Government Visas and Immigration Service to ensure all financial and relationship thresholds are met. If should also be noted that rules differ depending on whether the Spanish citizen has status under the EU Settlement Scheme, is returning to the UK, or is moving post-Brexit.

Workplace Obligations

  • Spain: the corporate mandates requiring companies with more than 50 employees to implement planned LGBTI equality and non-discrimination measures and anti-harassment/violence protocols under Law 4/2023 and Royal Decree 1026/2024.
  • UK: it is covered under the broader Equality Act 2010. While protective against workplace discrimination, it lacks the stricter, specific proactive policing frameworks recently deployed in Spain.

Trans Rights

  • The Spanish 2023 Ley Trans: it allows individuals over 16 to legally change their gender identity via self-determination, without requiring medical or surgical modifications. For minors, the rules are more nuanced.
  • The UK allows legal gender recognition via the Gender Recognition Act: the process currently requires the individual to be over 18, have a medical diagnosis of gender dysphoria, and have been living in the affirmed gender for at least two-years and an intention to live permanently in that gender, unlike Spain’s self-determination model. Non-binary genders are not legally recognised on official documents.

Anti-Discrimination

  • Spain: Broad protections exist across employment, housing, and public services, including the comprehensive 2022 Zerolo Law.
  • UK: The Equality Act 2010 protects sexual orientation and gender reassignment across employment, education, and the provision of goods and services.

Our team cross jurisdictions and can help to navigate between the LGBTQ+ legal landscapes between the UK and Spain, translating complex international regulations and cross-border tax implications. Please do not hesitate to contact us if you need Anglo-Spanish advice for your specific circumstances.

Disclaimer: The information above is for informational purposes. Regulations are subject to ongoing updates, including regional variations within Spain. It is crucial to seek professional advice from a cross-border legal and tax specialist.

Please contact Yolanda Perez Berges at yolanda.perez@theburnsidepartnership for more information.

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