A cohabitation agreement is an agreement for partners in Rijswijk who live together without getting married. With this, you record arrangements regarding finances, the home, and the situation in the event of a possible breakup.
What does a cohabitation agreement entail?
A cohabitation agreement is an official or informal agreement in which cohabiting partners in Rijswijk record arrangements regarding:
- Who owns which assets
- How costs are divided
- Arrangements in the event of a relationship breakup
- Pension provisions
Benefits of a cohabitation agreement
| Advantage | Explanation |
|---|---|
| Transparency | Clear who is responsible for which expenses |
| Security | Pre-arranged agreements in case of separation |
| Survivor's pension | Essential for partner's pension claims |
| Inheritance arrangement | Possibility of a retention clause |
| Tax benefits | Chance of fiscal partnership |
Notarial or arranged yourself?
- Draft yourself: free of charge, but legally weaker
- Via notary: costs between €300-500, stronger legal validity and necessary for specific arrangements
Which arrangements do you make in a cohabitation agreement?
- Division of household expenses
- Ownership of belongings and goods
- Arrangements regarding the home
- Retention clause (who retains the home upon death)
- Partner pension arrangement
- Conditions upon termination of the relationship
Frequently asked questions about cohabitation agreements in Rijswijk
Is a cohabitation agreement necessary?
No, it is not mandatory, but without an agreement, there are virtually no statutory rights for cohabitants in Rijswijk.
Do cohabitants receive alimony?
Only if this is specifically included in the agreement via an alimony clause.
What if we separate without an agreement?
Then everything remains with the original owner. Jointly owned property must be divided, which often leads to disagreement.
Additional questions and answers
Is a notary needed for a cohabitation agreement in Rijswijk?
You can draft it yourself, but a notarial agreement provides more certainty, especially for matters such as inheritance law or pension. Costs with a notary in Rijswijk range between €300 and €500. For simple arrangements, a private agreement may suffice, but seek advice from, for example, the Juridisch Loket Rijswijk.
What happens to our home in Rijswijk in the event of a breakup without an agreement?
Without arrangements, the home remains with the owner in whose name it is registered. The other party has no rights, unless contributions to costs or mortgage can be proven. An agreement prevents conflicts by recording arrangements regarding sale or division.
Can my partner inherit via a cohabitation agreement?
Yes, provided a retention clause is included in a notarial agreement. This gives entitlement to, for example, the home upon death. For full inheritance protection, a will is recommended.
How do I arrange pension for my partner in Rijswijk?
Without an agreement, no right to survivor's pension. A notarial agreement with a pension clause and registration with the pension fund are required to arrange this.
Can I stipulate alimony in an agreement?
Yes, via an alimony clause, you can make financial arrangements for after a breakup. This provides security, especially with income differences. A notary in Rijswijk can assist with this.
What tax benefits does a cohabitation agreement offer?
With a notarial agreement, you can apply for fiscal partnership, which offers benefits such as sharing deductions and utilizing tax credits. This can be financially advantageous for residents of Rijswijk.
How long is a cohabitation agreement valid?
It remains in force until you terminate it together, marry, or enter into a registered partnership.