Marriage and cohabitation

Marriage and cohabitation

Have you decided to take the next step? Are you unsure whether to get married or to settle for civil partnership? We would like to help you!

There are several ways to make your relationship official. Besides getting married, you could also choose to have a civil partnership or to draw up a cohabitation agreement. The law regulates the consequences of a marriage or civil partnership. Unless you arrange otherwise, your income and assets are fully shared. Do you want  joint ownership of assets, or do you prefer a prenuptial agreement or civil partnership conditions? Do you want to choose to share as much as possible or to have as much independence as possible? The choice you make depends on your personal circumstances. We would like to help you make this decision and put the ‘rules of the game’ in writing so they do not harm your relationship yet offer you security should you find yourself in a difficult situation, be it professionally or personally.

If you decide to move in together, then there is nothing the law can do for you; even if you live together for a long time. You can therefore make your own agreements on - for example - household expenses and pension contributions. Please bear in mind that the Tax Office and your pension funds only consider a cohabitation agreement which is included in a notarial deed.

Among other things, we can put in writing :

  • how the household expenses are shared;
  • that you are eligible for your partner’s pension;
  • how business assets are protected in case of a divorce;
  • that bankruptcy of one of the spouses has no influence on the other spouse’s assets;
  • that the partner with the lowest income can also build up;
  • how to avoid inheritance tax from being paid on life insurance payouts.

Examples of recent questions to our solicitors:

  • If my spouse’s company becomes insolvent, can I secure my house?
  • I expect a large inheritance in due course. How do I ensure that I won’t have to share this inheritance in case of a divorce?
  • My new partner has children. Do I have to pay child support?
  • I have began working less in order to look after the children. Is it fair that my partner therefore has more purchasing power than I do?
  • My partner invests money into my house. What are the consequences of this?

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