Living together in the Netherlands: What are your rights and responsibilities?

This is the first blog in our series Living together in the Netherlands, in which we look at the legal consequences of living together without being married. What are the rights and responsibilities of cohabitants? What pitfalls should they avoid? In this series we discuss the most important legal aspects.

More and more couples in the Netherlands are choosing to live together without getting married or entering into a registered partnership. Although this choice offers flexibility, many cohabitants are not aware that their legal position differs from that of married couples or registered partners. This can have serious consequences, especially if the relationship breaks down or one partner dies. In this blog, we will explore the rights and responsibilities of cohabitants and the potential legal pitfalls.

The growing trend of cohabitation

Recent figures show that the number of unmarried cohabiting couples in the Netherlands continues to rise. In 2024, there will be 1.12 million unmarried couples, compared to 3.25 million married couples. Of these unmarried couples, 651,190 had no children and 469,620 had children. This shows that more and more people are choosing some form of cohabitation outside of marriage or registered partnership.

Although cohabitation offers flexibility, it lacks the automatic legal protection that married and registered partners have. Cohabitants have no legal right to partner support, pension sharing or inheritance from each other, unless this is explicitly agreed. This can lead to financial insecurity in the event of separation or death, especially for partners who are dependent on each other. To avoid legal risks, it is essential to put agreements in writing in a cohabitation agreement and a will.

No automatic legal protection

In the Netherlands there is no principle of 'common law marriage' as there is in some other countries. This means that a long period of cohabitation does not automatically lead to rights and obligations between the partners. While married and registered partners are covered by family law, cohabitants need to make explicit agreements to obtain legal certainty.

Without a cohabitation agreement, important issues such as:

• Spousal support
• Division of pensions
• Division of property

can work to the detriment of cohabitants. Without being named as an heir in the partner's will, the cohabitant has no legal right to inherit. This lack of protection can have significant financial consequences when a relationship ends.

What can you do with a cohabitation agreement?

A cohabitation agreement is a way for cohabitants to make legal arrangements. This document can cover issues such as:

• The division of household expenses
• How to deal with (investments in) joint property and home ownership
• Agreements on alimony in the event of separation
• Pension rights

Although a cohabitation agreement is an important step, it does not provide the same protections as marriage or a registered partnership. For example, cohabitants must make separate wills to determine who will inherit, as they do not automatically inherit from each other.

What happens if the relationship ends?

A major difference between cohabitants and married/registered partners is the way a relationship breakdown is handled legally.

• Marriage/civil partnership: A divorce must be arranged through the courts, which deal with issues such as spousal support and property division.
• Cohabitants: You have no automatic right to spousal support or property division unless it is specifically provided for in a cohabitation agreement. In many cases, a registered letter is sufficient to terminate a cohabitation agreement.

This means that the financial situation of an ex-partner in a cohabitation relationship can be much more uncertain than in a marriage or registered partnership.

Conclusion

Cohabitation offers flexibility, but also legal risks. Without a cohabitation agreement or additional arrangements, cohabitants run the risk of financial insecurity in the event of separation or the death of one partner. It is therefore advisable to seek legal advice and have agreements recorded by a notary. In this way, you can avoid unpleasant surprises and better protect yourself and your partner for the future.

In the following blogs, we will take a closer look at specific legal issues related to cohabitation, such as spousal support, property ownership, pensions and inheritance law.

Have questions about your rights and responsibilities when living with a partner?

If you have any questions or would like more information on this topic, please contact family law attorney Sandra Verburgt.