An increasing number of couples in the Netherlands are choosing to live together without getting married or entering into a registered partnership.
This raises an important question: what are the legal implications of cohabiting without a formal arrangement? Let’s walk through the key legal considerations and possible pitfalls.
Why go without a contract?
Choosing to live together without a legal agreement (such as a cohabitation contract, registered partnership or marriage) can feel easier and more relaxed. But bear in mind: if you take that route, you’ll be doing so without the automatic protections that accompany formal arrangements.
Children
If you and your partner live together informally, and one of you is not the biological mother, the partner is not automatically recognised as the legal parent. That means the partner can only acknowledge the child with the mother’s consent. Without consent, legal action may be required.
No entitlement to partner support
If the relationship ends, informal cohabitants generally don’t have rights to spousal support. This can create significant financial difficulties, particularly where one partner has been dependent on the other.
Inheritance issues
If your partner passes away, you’re not automatically treated as a legal heir when you’re cohabiting without a contract. This means the surviving partner may receive nothing—even if they lived together for many years or lived in the deceased partner’s home.
Property and assets
Without an official legal partnership, each partner’s income and assets remain separate.
This has advantages and disadvantages. On the upside, you’re usually not automatically liable for your partner’s debts. On the downside, if you’ve contributed to your partner’s home or other assets, it might be difficult to claim reimbursement later on.
Example
Marc and Sophie purchase a house together. Marc pays for the bathroom renovation using his private savings. If they separate and there is no written agreement about reimbursement, Marc may struggle to recover his investment.
Should you draw up an agreement?
In short: yes, it is strongly recommended. While cohabiting informally may feel less formal and more flexible, it leaves you exposed to legal uncertainties and financial risks. Signing a cohabitation contract helps you define your rights and responsibilities, clarify what happens if things change, and avoid possible long and costly disputes.
Final thoughts
Living together informally has its appeal, but it also comes with important legal consequences. By putting in place a formal agreement, you can protect both individuals and the relationship. If you’re uncertain about your situation, it’s a good idea to seek specialist advice, the family law experts of GMW lawyers are happy to advice you.
If you’d like more information about informal cohabitation and what your options are, feel free to get in touch with GMW lawyers.