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The cohabitation agreement

A cohabitation agreement is useful to have in various situations. Here are a few examples:

1. You are moving in with your partner, but don’t want to get married yet or enter into a registered partnership.

If you want to make arrangements for your house, money, household effects or business, you need to put this in a document. You and your partner determine how much you’ll contribute to the cost of the household, for example, if one person will pay more than the other.

2. You are buying a house with your partner.

You can document in the cohabitation agreement what happens when either partner passes away. No regulations exist for people who live together, so you need to document everything yourself. Having a cohabitation agreement is not mandatory, but strongly advised. This is especially important if you both deposit a different amount when buying a house.
This difference can be documented. Should the relationship end, you are obligated to settle the difference.

3. You want to make sure that your partner is entitled to your survivor’s pension.

This is a monthly amount that your partner receives if you pass away at a young age, and therefore do not yet receive a pension. By law, this is only regulated for married people and couples with a registered partnership.

4. You want to make arrangements for a joint bank account or pets.

You can decide which things you’d like to put in your cohabitation agreement – It’s your document.

Do you have kids?

Note: If you have kids, in most cases a cohabitation agreement is no longer enough to inherit each other’s property. Children are by law always your first inheritor, and not your partner. For this reason we strongly advise to have a will drawn up, in addition to a cohabitation agreement. Most people prefer that their partner inherits their possessions first, and then their child(ren).

How is a cohabitation agreement drawn up?

Fortunately, drawing up a cohabitation agreement is very easy. The process consists of three steps:

1. Introductory meeting

During the introductory meeting we will discuss the details of your agreement. What would you like to add to your agreement and why?

2. Draft document

After the introductory meeting the notary will put everything you discussed in a draft document. You will both receive a copy of this document so you can take all the time you need to have a look at it. Are there things you don’t agree with or is something missing? Contact us and we’re happy to help.

3. Discussion and signature

During the second appointment we will discuss the entire document together. If you agree with the contents, you both can sign the document straight away. You will also both receive a copy of the document, either digitally or printed.

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