Cohabitation agreement

Cohabitation agreement

In order to make a relationship official, you can get married or enter into a registered partnership. If you do not wish to do either of these, you can draft a cohabitation agreement. There are various options, which are mainly a personal choice and depend on your specific wishes. One of these options is often selected to ensure that the partner is entitled to the inheritance and/or partner pension when the other partner dies. As soon as you are married, this is called the survivor’s pension. A cohabitation agreement is strongly recommended when, for example, you are going to buy your own home together. Notarishuys Veldhoven can draft a prenuptial agreement before you get married. Are you not interested in getting married, but do you want to ensure that everything is in order for you and your partner, who you are living with? Then a cohabitation agreement is a smart option and this is often arranged in combination with a will.

Reasons for a cohabitation agreement

When do you opt for a cohabitation agreement? The answer is actually quite simple: if you want to have your affairs in order in the event of a divorce or death, including the partner pension. The rules stated in the law do not apply to partners who live together but are not married. Therefore, it is important to arrange these things yourself. A cohabitation agreement can include agreements about what should happen to joint assets in the event of divorce and death. You are free to make your own agreements about this. A will ensures that your partner becomes your beneficiary in the event of your death.

What you can do

In the cohabitation agreement, you can record agreements for if you split up. Who receives which assets, how will savings be divided, who gets the dog, who will continue to live in the home? What if the house in which the partners live together belongs to one of the partners and he/she can evict the other partner? You can make agreements about this and record this in the cohabitation agreement.
You can also determine how your partner or survivor’s pension is organised: many pension funds demand a cohabitation agreement in order to register the partner for the partner and survivor’s pension. You then need to complete the registration with the pension funds in question.

Future-proofing

Often when people start having children, one of the partners will start working less. Sometimes both partners decide to work fewer hours. As a result, the person who works less will automatically have a lower income and also a lower pension accrual. A compensation in the form of an income and/or alimony arrangement can be recorded in a cohabitation agreement. With a cohabitation agreement and a will in place, the remaining partner will be protected against claims by the children following the death of the partner. You can stipulate that children will only receive their inheritance upon the death of the surviving partner. A notarised cohabitation agreement will make you eligible for a significant exemption when you inherit from your partner. A will must be drawn up for you to inherit from your partner.

Would you like to make an appointment to draft a purchase contract, deed of transfer or mortgage deed? Call Notarishuys Veldhoven on 040 – 230 94 94, e-mail us at info@notarisveldhoven.nl or use our contact form.

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