Two 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.