Cohabitation agreement for people living together

 

logo Your EuropeTwo people who are cohabiting – whether under the statutory scheme or otherwise – can use a cohabitation agreement to arrange certain matters relating to their cohabitation. This is not obligatory, however. 

A cohabitation agreement must be entered into before a notary. It can then be registered in the population register.

What can you include in this agreement?

Under a cohabitation agreement, it is possible to regulate only matters relating to family arrangements and a number of consequences of cohabitation on property.

Under a cohabitation agreement, it is possible, for example, to regulate the following:

  • which property is personal and which property is jointly owned
  • the monthly amount to be paid into the joint account to meet household expenses
  • what payments you will make from the joint account
  • the fact that certain contracts have to be entered into by both cohabitants, for example when you want to sell the family home
  • how you intend to cover the costs of children
  • the arrangements you would like to make for any separation
  • how you want to deal with certain matters after your partner has died

What are the things you cannot include in such an agreement?

A cohabitation agreement cannot impose limits on the partners’ individual freedom. Only marriage can do so.

People who cohabit without being married cannot oblige their partner:

  • to be faithful
  • to pay an allowance indefinitely in the period after separation

If you want detailed information on cohabitation agreements, we recommend that you contact a notary.

 

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