Cohabitation Agreement (Samenlevingscontract)

The key points in brief

Do you have a cohabitation agreement with your partner, or are you curious about how it works? What elements play a role, and how does drawing one up and living by it work in practice? What conditions apply, and how does a cohabitation agreement work when it comes to children or a possible end to the relationship?

1. What is a cohabitation agreement?

A cohabitation agreement (samenlevingscontract) is drawn up with your partner when you do not want to get married. The contract is not required if you want to take out a mortgage together, but it is often useful to put certain arrangements in writing. A cohabitation agreement typically covers a number of different elements.

You and your partner decide together which elements to include and which to leave out. There is no list of legally required items. For example, you can include the division of costs for groceries, clothing, and housing expenses. This provides clarity and a framework, especially if your incomes diverge over time or if one of you faces high costs.

It is also a good idea to include your bank account arrangements in the agreement, as well as the division of costs for raising and caring for children. Who pays which share? Even if you are not thinking about it yet when you draw up the agreement, it is also wise to arrange the division of assets clearly, in case you decide to separate. Finally, you can consider a right of survivorship clause (verblijvingsbeding), which stipulates that your partner may keep the jointly owned assets if you pass away.

2. Possible topics in a cohabitation agreement

• Home and mortgage: payment of interest, repayment, and appreciation in value
• Household costs, insurance, and taxes
• Joint and personal assets
• Costs for raising and caring for children
• Parental authority over children in the absence of marriage or registered partnership
• Shared accounts, debts, and partner pension
• Right of survivorship clause (verblijvingsbeding)
• Conditions for termination

3. Drawing up the agreement and conditions

You can decide for yourself whether to have the cohabitation agreement drawn up by a notary or to do it yourselves. If you want to use the agreement to be entitled to a partner pension when your partner passes away, you are required to have it drawn up by a notary. Costs vary between notaries, so it is worth comparing several. The costs also depend on the complexity of the agreement, what you want to discuss with the notary, and how often the agreement needs to be updated. When having a cohabitation agreement drawn up by a notary, both of you must be at least 18 years old and neither of you may be under guardianship.

4. Cohabitation agreement and children

Do you have a cohabitation agreement and have children together? The woman automatically becomes the mother when a child is born. As the man, you must first acknowledge the child to become the legal father and then jointly apply for parental authority together with the mother. This does not happen automatically when you have a cohabitation agreement.

5. Ending the agreement or death

When you end the cohabitation agreement with your (ex-)partner, there is in principle only maintenance (alimentatie) if you agreed to it in the contract. If that is not the case and you still want maintenance, you can go to court to enforce it.

In the event of death, the cohabitation agreement is also important because, if you are not married, the next of kin are entitled to half the proceeds of your home. If the heirs claim their share, you will have to pay that amount or sell the house. With a cohabitation agreement you can determine how jointly owned assets pass to the surviving partner if one of you dies.

Frequently asked questions

What is a cohabitation agreement?

In a cohabitation agreement you make certain arrangements with your partner when you are not married or in a registered partnership.

What does a cohabitation agreement contain?

There are no legally required elements in a cohabitation agreement. It often sets out how costs are divided and what happens if one of you passes away.

Do I need a cohabitation agreement to take out a mortgage?

It is not required to have a cohabitation agreement when taking out a joint mortgage.

Why is it useful to have a cohabitation agreement?

To provide security in case one of you passes away, and to have certain cost arrangements in writing, a cohabitation agreement is a practical thing to have.