Key facts about
cohabitation
Should you get married, enter into a civil partnership, or cohabit? Whatever you decide to do, there will always be personal and business implications. What exactly does cohabitation involve?
Get things sorted by going to a civil-law notary together
Have you already thought about which assets and debts will be yours jointly and which are to remain personal? Or what should happen if one of you dies? And do you know what statutory provisions are in place?
Living together without being married: how does it work?
There are no provisions in Dutch law regarding cohabitation. All your assets and debts remain separate and you have no rights or obligations towards each other. So, for example, if you have children and decide to separate, you cannot claim maintenance from your partner.
You can, however, make agreements with each other and put them in writing. One such agreement might relate to household costs. But many Dutch authorities see such agreements as insufficient proof of two people actually being partners. And that could lead to a pension fund stopping pension payments or not paying out a pension to the surviving partner if the other partner dies.
A cohabitation contract as legal proof
Not married but cohabiting? It’s a good idea to have a cohabitation contract drawn up by a civil-law notary. Talk to one of the advisers at Schäfer Notarissen, either in Nuenen or Eindhoven. We can provide you with comprehensive information, taking your particular situation and wishes into account.
Your cohabitation agreement will be recorded in a notarial deed as legal proof that you are partners. The original deed is kept in the civil-law notary’s safe. You and your partner will each receive your own copy of it. The civil-law notary will discuss what you want to have included in the cohabitation contract with you. You can make agreements regarding:
- Household costs
- The home you own
- Any partner’s pension
- What will happen if you break up
- What happens to joint assets in the event of death
- Your own assets on your death
- A medical power of attorney
Amending a cohabitation contract
After a while, you may want to alter something in your cohabitation contract. To make any changes, you will need to visit a civil-law notary once again.
If you want to terminate the agreement, there is no need for the notary’s involvement. But remember that any agreements you and your partner have made outside of the cohabitation contract will not automatically come to an end then. Your ex-partner will continue to be the co-owner of your home, for instance. Your ex-partner will also still be listed as a beneficiary on your life insurance policy. So, it’s important that both of you inform the relevant authorities of your new situation. Any home you jointly own will need to be divided up or sold. We will be happy to provide advice in such situations.
Living together? We wish you every happiness, but make sure there aren’t any nasty surprises. Get things sorted. Schäfer Notarissen – we’re here for you.
