Cohabitation agreement
Flexible and customizable; no automatic legal rights such as spousal support.
Are you considering moving in together in The Netherlands? A cohabitation agreement, also known as a partnership contract, provides security and clear arrangements for the future. At Westvaer, we are happy to help you draft an agreement that is fully tailored to your unique situation. In this comprehensive guide, you will find everything you need to know about a cohabitation agreement: from its benefits to its contents and the differences from other forms of partnerships.
A cohabitation agreement, also known as a partnership contract, is a written agreement between two people who are living together or planning to do so. It sets out arrangements for matters such as:
In short, it provides clarity and security for the future. By formalizing these arrangements, you can prevent conflicts and misunderstandings. Additionally, to access certain tax benefits or ensure optimal protection for the surviving partner, the agreement must be recorded in a notarized deed.
Drafting a cohabitation agreement offers many advantages, including:
Many people wonder how a cohabitation agreement differs from marriage or a registered partnership. Below is a brief overview:
Flexible and customizable; no automatic legal rights such as spousal support.
Legally binding with various statutory rights and obligations.
Similar to marriage but slightly less formal.
It’s important to consider what best suits your situation. At Westvaer, we are happy to provide advice tailored to your needs.
What is included in a cohabitation agreement?
Every cohabitation agreement is customized. When drafting it, you will work with a notary to consider your specific situation and preferences. Examples of common arrangements include:
The content of a cohabitation agreement is almost always unique and tailored to your personal situation.
Here we answer some frequently asked questions:
The costs for drafting a cohabitation agreement vary depending on your specific situation and wishes. At Westvaer, we work with transparent rates. Contact us for an initial estimate of the costs. Good to know: although the costs are an investment, you often save a lot of money and stress in the long term by having clear agreements.
No, a cohabitation agreement is not mandatory. However, it is strongly recommended when you live together and want to formalize agreements about finances, possessions or children. Additionally, a notarized cohabitation agreement is necessary to take advantage of tax benefits, protect the surviving partner from claims by children and designate a beneficiary for a survivor’s pension. A cohabitation agreement provides certainty and helps prevent future issues.
Only a notarized cohabitation agreement offers certain advantages, such as the ability to designate each other for partner pension or access specific important tax benefits for income tax and inheritance tax. A notarized cohabitation agreement (in addition to wills) is also necessary to ensure that children cannot claim their legitimate share if one partner dies.
Creating a notarial cohabitation agreement is done with a notary. At Westvaer, we make the process simple and straightforward. We take the time to understand your situation and ensure that all agreements are clearly and legally documented.
Our specialists are known for their personal approach and expertise. Do you have questions? Would you like to know more about combining a cohabitation agreement with a will or prenuptial agreement? We are happy to assist you.
At Westvaer, we understand that arranging your cohabitation agreement is an important step. That’s why we offer not only legal expertise but also personal guidance. Contact us today for a free consultation.