Drafting a cohabitation agreement

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. 

What is a cohabitation agreement? 

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: 

  • finances: who pays which expenses? 
  • ownership: how are joint purchases divided? 
  • unforeseen circumstances: what happens in the event of death or separation? 

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. 

The benefits of a cohabitation agreement 

Drafting a cohabitation agreement offers many advantages, including: 

  • security: clear agreements prevent misunderstandings and conflicts; 
  • protection: the contract can be combined with a will to ensure your partner is well-protected in the event of death; 
  • flexibility: the agreement can be fully tailored to your specific situation; 
  • tax advantages: you may benefit from tax benefits, such as when buying a house or accessing exemptions in case of death; 
  • arrangements for separation: if the relationship ends, the contract provides guidelines for dividing assets. 

 

Cohabitation agreement vs. marriage and registered partnership 

Many people wonder how a cohabitation agreement differs from marriage or a registered partnership. Below is a brief overview: 

Cohabitation agreement

Flexible and customizable; no automatic legal rights such as spousal support.

 

Marriage

Legally binding with various statutory rights and obligations.

Registered partnership

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? 

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: 

  • division of costs: who pays which household expenses? 
  • joint purchases: what happens to shared assets in the event of a breakup? 
  • unforeseen circumstances: what happens in case of death, illness or the end of the relationship? 
  • tax arrangements: how can you make the most of tax benefits? 
  • unequal contributions to purchases: what agreements are made when contributions are unequal, such as when buying a house? And what if one partner has received gifts from their parents? 

The content of a cohabitation agreement is almost always unique and tailored to your personal situation. 

Frequently asked questions about the cohabitation agreement

Here we answer some frequently asked questions: 

What does a cohabitation agreement cost?

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. 

Is a cohabitation agreement mandatory?

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. 

Do I always have to go to a notary for a cohabitation agreement?

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. 

Do you have any other questions? Our experts are here to help. 

Drafting a cohabitation agreement at Westvaer 

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. 

  • Step 1: introduction and assessment of your wishes. 
  • Step 2: drafting the concept. 
  • Step 3: if needed, a second appointment and potential adjustments, followed by the final signing. 

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. 

Why choose Westvaer? 

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. 

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