Marriage & cohabitation
When entering (or ending) a marriage, it is important to get proper advice for yourself. If you are going to live together and are not getting married or entering into a registered partnership, it can still be important to make proper arrangements with your partner.
Marriage, cohabitation or registered partnership
If you start living together without entering into a marriage or registered partnership, nothing is regulated by law. In this case, you have no claim to the other person's income or assets when they (suddenly) die. There are also no agreements on the division of property when you get divorced. In this case, you can record agreements in a cohabitation contract.
One step further than the cohabitation contract are a registered partnership and marriage. Broadly speaking, both steps offer the same outcome: you are the other person's legal partner and there are consequences attached to this, for example when one of you two dies.
The different forms of a partnership in the Netherlands
In the Netherlands we have different forms of a partnership. For example, you can choose to get married in full community of property, draw up a prenuptial agreement before marriage or enter into a registered partnership together.
Marrying without a prenuptial agreement
If you get married and do not visit the notary before the marriage to have prenuptial agreements drawn up, everything you acquire during the marriage becomes common. Possessions owned by the spouses at the time the marriage is entered into will continue to belong to each of them. Proper records will need to be kept to keep track of changes in assets. Specifically, for business owners, the law includes an obligation for a portion of the business proceeds to also benefit the non-entrepreneurial partner. Want to arrange something else? Then you can have prenuptial agreements drawn up at Marks Wachters notaries.
Marrying with a prenuptial agreement
If you do not want to marry in a legal community of property, or have other wishes than how it is regulated by law, you must visit the notary before you get married. Together with the notary, you and your future partner put all your wishes on paper in a notarial deed. We call this the prenuptial agreement. The agreements you make will come into effect the moment you enter into the marriage together.
Marital conditions after marriage
Are you already married and still want to have prenuptial agreements drawn up? Marks Wachters notaries will be happy to inform you about the possibilities. Please contact us without obligation to discuss your situation and wishes.
Entering into a registered partnership
If you want to formalize cohabitation with your partner without getting married, you can choose the registered partnership. For this, the same rules apply to assets as for marriage, if you do not make specific arrangements with the notary. If you want to make arrangements with each other, you can contact Marks Wachters notaries for partnership agreements.
Living together without getting married
The cohabitation contract is a good option when you do not yet want to get married or enter into a registered partnership with your partner, but do want to live together. In the cohabitation contract you can make agreements about which possessions belong to you and which belong to your partner. Agreements on the division of joint expenses can also be laid down in a cohabitation agreement.
Dividing assets after divorce
Many of your possessions can be divided with your ex-partner without going to the notary. For the division of real estate and its transfer of ownership, the step to the notary is necessary. This also applies to the transfer of shares in a company.
“When you get to help and educate people on how best to record things, it makes you feel good.”
Remy de Gier
Partner/Notary
Personal and non-committal
Requesting Information
Want more information about marriage, cohabitation agreement or have a question regarding our other services? Let us know, fill in your details and one of our staff will send you a no-obligation quote as soon as possible.
