Living together but not married? Where you stand in the Netherlands
Living together without being married is the living arrangement for many people in the Netherlands, locals and expats alike. However, one important aspect that is frequently overlooked by expats is the legal status of cohabiting without being married or in a registered partnership.
Many expats enter into this living situation without giving due consideration to the legal implications. In this article, GMW Lawyers will discuss some of the risks and challenges faced by unmarried cohabiting couples and why it is essential to be prepared.
The legal status of unmarried couples
In the Netherlands, unmarried partners do not have the same legal rights and obligations as married couples. This means that without a written agreement, such as a cohabitation contract, there is no specific legal framework to protect you. You can only fall back on the general law of obligations.
This can lead to issues in various areas, such as:
Asset division
In the case of a breakup or the end of a relationship, there is no legal framework (nor specific procedures that exist for married or registered partners) for dividing shared assets. This can lead to disputes regarding entitlement, particularly when joint purchases have been made, such as furniture or a vehicle.
Housing
The division of property can also present complications. Even if the property is located in the Netherlands, the Dutch court may lack jurisdiction to rule on the division of the property. This can occur, for example, if the parties own a property abroad and the Dutch court is asked to order the sale of the property, while the defendant resides in a different EU country.
Spousal support
The Dutch law, if applicable, only gives a right to spousal support for married and registered partners. This means that there is no legal basis to claim spousal support after your relationship ends.
GMW Lawyers are experts in family law and can help you, whether you want to take steps to prevent later complications or you are in the middle of a relationship breakdown and need assistance.
The importance of a cohabitation agreement
To protect yourself, it is advisable to draft a cohabitation agreement, preferably with a civil notary.
A cohabitation agreement is a document that outlines the rights and responsibilities of both partners regarding shared assets, financial obligations, and property division in case of separation.
Think of it as a prenuptial agreement, without the later nuptials. A well-drafted cohabitation agreement can provide clarity and help prevent disputes down the line.
Better safe than sorry
Living together as an unmarried couple can leave you vulnerable and unprotected should anything unexpected happen. By understanding the implications of your relationship status and taking proactive steps to establish a cohabitation agreement, you can safeguard your interests and ensure a smoother process should your relationship come to an end. Remember, being informed and prepared is key to navigating the legal landscape as an expat in the Netherlands.
Do you have any questions about the separation of you and your partner, and you reside in the Netherlands? Do you need some advice relating to your personal situation? Then do not hesitate to get in touch with GMW, their experienced and professional team of English-speaking lawyers is always happy to help.