The Cohabitation Contract serves as a crucial legal instrument in the Netherlands for couples who choose to live together without entering into marriage or registered partnership. This document becomes particularly important as Dutch law provides limited automatic legal protections for cohabiting partners. The contract typically includes provisions for property division, financial responsibilities, household expenses, and inheritance arrangements. It's especially relevant given the increasing number of couples choosing cohabitation over traditional marriage in the Netherlands. The document should be drafted and executed in accordance with Dutch civil law requirements to ensure its enforceability, ideally with notarial involvement. While not mandatory under Dutch law, a Cohabitation Contract provides essential legal clarity and protection for both partners, particularly in matters of property ownership, financial obligations, and rights in case of relationship termination or death.
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1. Parties: Identification and details of the cohabiting partners
2. Background: Context of the relationship and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Duration and Termination: Terms regarding the start of cohabitation and conditions for termination
5. Living Arrangements: Details about shared residence and housing responsibilities
6. Financial Arrangements: Agreement on sharing of expenses, joint accounts, and financial responsibilities
7. Property Rights: Classification and division of joint and individual property
8. Debts and Liabilities: Handling of existing and future debts, joint financial obligations
9. Household Costs: Division and management of daily living expenses and utilities
10. Death and Inheritance: Arrangements in case of death of either partner
11. Dispute Resolution: Procedures for handling disagreements and conflicts
12. Governing Law: Confirmation of Dutch law application and jurisdiction
1. Children: Arrangements regarding existing or future children, including financial responsibilities and care arrangements
2. Pets: Arrangements for pet ownership, care responsibilities, and costs
3. Business Interests: Provisions regarding business ownership and management if either partner owns a business
4. Pension Rights: Arrangements regarding pension rights and retirement benefits
5. Insurance Arrangements: Provisions for life insurance, health insurance, and other insurance policies
6. Intellectual Property: Provisions regarding ownership and rights to intellectual property created during cohabitation
7. Gift Giving: Arrangements regarding the status of gifts given between partners during cohabitation
8. Holiday Home: Specific arrangements for holiday properties or second homes
9. Medical Decisions: Authority for medical decision-making in case of incapacity
1. Schedule 1: Property Inventory: Detailed list of individual property owned by each partner at the start of cohabitation
2. Schedule 2: Joint Property: List of property jointly owned by the partners
3. Schedule 3: Financial Statement: Overview of each partner's financial position at the start of cohabitation
4. Schedule 4: Household Budget: Agreed division of household expenses and payment responsibilities
5. Schedule 5: Debt Schedule: List of individual and joint debts at the start of cohabitation
6. Appendix A: Property Valuation Reports: Independent valuations of significant assets
7. Appendix B: Bank Account Details: List of individual and joint bank accounts
8. Appendix C: Insurance Policies: Details of relevant insurance policies and beneficiaries
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