Cohabitation forms

Even if, as an entrepreneur, you are planning to get married, it is important to consider the issue of prenuptial agreements, community of property or another form of cohabitation. We would be happy to advise you further on this.

A cohabitation contract (or cohabitation agreement) lays down all kinds of arrangements. For example, it can specify which possessions are (and remain) personal and which are joint. This also applies to debts. It also contains agreements about finances. Think of the money for groceries or for gas, water and electricity. But also what should happen with the house or pension if you separate or one of you unexpectedly dies.

There is nothing in the law for cohabitants. Laying down agreements in a cohabitation contract provides clarity and has advantages.

When you get married or enter into a partnership and do not arrange any additional affairs, a limited community of property automatically applies; everything that already belonged to that person before the marriage remains that person's. Everything after the marriage, becomes joint.

It is advisable to consider whether this is desirable. By drawing up a prenuptial or partnership agreement, a division can be made as to which part of the income and assets remains private (e.g. a property, the company, or everything) and/or a fiscally/financially more favorable situation can be created. This avoids unrest during and also conflicts afterwards.

Since 2018, it is also possible to draw up and/or revise conditions during the marriage. Therefore, if you are already married, it may also be interesting to review the existing situation.