Partnership conditions

A registered partnership is a beautiful moment to seal your love. But did you know it’s also an important legal step? In The Netherlands, without a partnership agreement, a community of property is automatically created, meaning your future assets, income and debts could be combined. Want to avoid this and keep your finances organized and protected? Drafting a partnership agreement with a notary is the solution.

What is a partnership agreement?

A partnership agreement is a legal agreement between you and your partner that outlines how assets and debts will be divided within your registered partnership. While a community of property merges everything into one joint property regime, partnership agreements provide flexibility and customization. Together with your notary, you decide which assets remain private, what will be shared and how future financial risks and expenses are allocated.

For example, if one of you owns a house, business or has built up savings before the partnership, partnership agreement can ensure these remain private, even in the event of a separation.

Since January 1st, 2018, the default arrangement in The Netherlands is a limited community of property. However, drafting partnership agreements offers more flexibility and protection, especially in complex financial situations.

Why are partnership agreements important? 

  • Protection of your personal assets: with partnership agreements, you can protect your assets from debts or claims by third parties. This is especially important if one of the partners is an entrepreneur or has debts from the past; 
  • Flexible, tailored agreements: every relationship is unique and financial situations vary. Partnership agreements allow you to make arrangements that fit your specific situation. Consider, for example, dividing costs or making arrangements about inheritances and gifts; 
  • Legal clarity: by clearly laying everything out in advance, you can avoid discussions or conflicts in the future. This provides peace of mind and security, not only for you but also for any children or other parties involved. 

 

 

How does drafting partnership agreements work? 

Drafting partnership agreements begins with a consultation with the notary. Together, you discuss: 

  • which assets and debts remain private; 
  • how future income and expenses will be divided; 
  • what happens in the event of a separation; 
  • how pension rights will be arranged. 

The notary ensures that everything is legally documented in a deed. Once it is signed, the agreements become legally binding.

Frequently asked questions about partnership agreements 

Here we answer some frequently asked questions: 

What is the difference between community property and partnership agreements?

In a (general or limited) community property arrangement, all your assets and debts are automatically combined into one joint estate. With partnership agreements, you retain control over your personal assets and can make exceptions. 

When should I draft partnership agreements?

It is important to draft partnership agreements before registering your partnership. Once the partnership is officially established, the statutory arrangement automatically applies. You can modify the terms later, but this involves additional costs due to more legal steps. 

Are partnership agreements important if I don’t have significant assets?

Yes, even if you don’t have significant assets now, partnership agreements are advisable. They protect not only what you currently have but also what you may acquire in the future. Additionally, they can prevent conflicts or legal uncertainties in the event of a separation. 

Do you have any other questions? Our experts are ready to assist you. 

The benefits of a registered partnership with partnership agreements 

A registered partnership offers many advantages, such as legal recognition of your relationship and practical benefits like inheritance rights and tax advantages. By combining this with partnership agreements, you can maximize the benefits of this legal arrangement. You not only create financial security but also prevent unpleasant surprises in the future. 

For example, if you buy a house together, partnership agreements allow you to determine how the ownership is divided and how the financial obligations are shared. This helps to avoid financial issues if the relationship unexpectedly ends. 

Why choose Westvaer? 

At Westvaer, we understand how crucial it is to manage your financial affairs properly. Our experienced team of specialists is here to guide you in drafting clear and comprehensive partnership agreements. We take the time to understand your situation and preferences, ensuring you can enter into your registered partnership with peace of mind. 

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