A cohabitation agreement is an agreement for partners who live together without getting married. In it, you record arrangements regarding finances, housing, and the situation in the event of a possible breakup.
What does a cohabitation agreement entail?
A cohabitation agreement is a document, drawn up by a notary or privately, in which cohabiting partners make arrangements regarding:
- Assets and property
- Division of household costs
- Arrangements in the event of a relationship breakdown
- Pension provisions
Benefits of a cohabitation agreement
| Advantage | Explanation |
|---|---|
| Transparency | Clarity on who pays or owns what |
| Security | Arrangements for if you break up |
| Survivor's pension | Required for partner's pension |
| Inheritance arrangements | Option for a retention of title clause |
| Tax benefits | Chance of fiscal partnership |
Notarial or draft it yourself?
- Draft it yourself: free of charge, but legally weaker
- Via notary: costs between €300-500, stronger legal validity and necessary for certain arrangements
What matters can you record?
- Division of household costs
- Ownership of belongings and goods
- Arrangements regarding the home
- Retention of title clause (who gets the home upon death)
- Partner pension arrangement
- Arrangements upon end of relationship
Frequently asked questions about cohabitation agreements
Is a cohabitation agreement mandatory?
No, it is not mandatory, but without an agreement you have virtually no statutory rights as a cohabitant.
Do cohabitants receive alimony?
No, unless this is specifically included in the agreement via an alimony clause.
What happens without an agreement in the event of a breakup?
Without an agreement, everything remains with the original owner. Joint property must be divided, which often leads to disputes.
Practical questions about cohabitation agreements
Is a notary necessary or can I do it myself?
You can make an agreement yourself, but it has less legal value. A notarial agreement costs €300-€500 and provides more certainty, especially in complex matters such as inheritance law or pensions.
What happens to our home without an agreement in the event of a breakup?
Without an agreement, the home remains with the owner in whose name it is registered. The other has no rights, unless financial contributions can be proven.
Can my partner inherit via a cohabitation agreement?
Yes, with a notarial agreement and a retention of title clause, your partner can, for example, retain the home after death. However, a will is needed for full inheritance arrangements.
What about pensions for cohabitants?
Without an agreement or specific arrangement, you have no right to a survivor's pension. This must be arranged via a notarial agreement and registration with the pension fund.
Can you record alimony?
Yes, with an alimony clause in the agreement you can arrange financial support after a breakup, which is otherwise not possible for cohabitants.
What are the tax advantages?
With a notarial agreement, you can apply for fiscal partnership, which offers benefits such as sharing deductions and transferring tax-free assets.
How long is an agreement valid?
It remains in force until you terminate it, marry, or enter into a registered partnership.
Help in Utrecht
For legal advice, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For court cases regarding cohabitation agreements, the District Court of Midden-Nederland at Vrouwe Justitiaplein 1 has jurisdiction.