A cohabitation agreement is an agreement for partners who live together without marriage. With this, you record agreements regarding finances, housing, and the consequences of a possible breakup.
What does a cohabitation agreement entail?
A cohabitation agreement is a document, drawn up privately or via a notary, in which cohabitants record agreements regarding:
- Assets and ownership rights
- Cost sharing in the household
- Arrangements in case of a relationship breakdown
- Pension provisions
Why choose a cohabitation agreement?
| Benefits | Explanation |
|---|---|
| Transparency | Clarity on contributions and ownership |
| Security | Protection in case of separation |
| Survivor's pension | Required for partner's pension |
| Inheritance arrangement | Possibility of usufruct clause |
| Tax benefits | Access to fiscal partnership |
Notarial or draft it yourself?
- Draft yourself: free of charge, but legally weaker
- Notarial: via a notary in Leiden, costs between €300-500, stronger legal basis and essential for certain agreements
What matters do you regulate in a cohabitation agreement?
- Household expenses and division
- Ownership of goods and furnishings
- Agreements regarding the home
- Usufruct clause in case of death
- Partner pension arrangement
- Consequences upon end of relationship
Frequently asked questions about cohabitation agreements in Leiden
Is a cohabitation agreement necessary?
No, it is not mandatory, but without an agreement your rights as a cohabitant are limited. The law provides little protection.
Do cohabitants receive alimony?
No, unless this is specifically included in the agreement via an alimony clause.
What if we separate without an agreement?
Then each retains their own property. Joint property must be divided, which often leads to disputes.
Additional information and help in Leiden
For legal advice, you can go to the Juridisch Loket Leiden at Stationsweg 46. For disputes or additional information about agreements, you can contact the District Court of The Hague, Leiden location.
Practical questions about cohabitation agreements
Is a notary needed or can I do it myself?
A private agreement is possible and free, but offers less certainty. A notarial agreement, with costs of €300-500, is recommended for important matters such as inheritance law or pension.
What happens to our home without an agreement?
Without agreements, the home remains on paper with the owner. The other has no rights, unless contribution to costs is proven, which often leads to conflicts.
Can my partner inherit via a cohabitation agreement?
Yes, provided a usufruct clause is included in a notarial agreement. For full inheritance protection, a will is recommended.