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Cohabitation Agreement
I need a cohabitation agreement that outlines the financial responsibilities and property rights of both parties, includes provisions for dispute reֱ, and specifies the process for amending the agreement. The document should also address the division of assets in the event of separation and ensure compliance with Belgian law.
What is a Cohabitation Agreement?
A Cohabitation Agreement is a legal contract between unmarried partners who live together in Belgium, setting clear rules about their shared life and finances. It covers day-to-day matters like bill sharing, property ownership, and household responsibilities, while also addressing what happens if the relationship ends.
Under Belgian law, couples can choose between a statutory cohabitation ("cohabitation légale") registered at their local municipality, or a private agreement drafted with a notary. These agreements help protect both partners' rights, especially since unmarried couples don't automatically have the same legal protections as married ones. They're particularly useful for managing joint purchases, rental arrangements, and shared financial commitments.
When should you use a Cohabitation Agreement?
Consider creating a Cohabitation Agreement before moving in with your partner in Belgium, especially when planning significant joint investments like buying property or sharing expensive household items. This agreement becomes crucial if you have different income levels, bring personal assets into the relationship, or plan to share financial responsibilities.
The ideal time to draft this agreement is during the early stages of living together, when both partners can calmly discuss their expectations. Key moments include starting a joint business venture, receiving an inheritance, or when one partner plans to financially support the other's education or career change. Getting it done early helps avoid misunderstandings and protects both partners' interests under Belgian law.
What are the different types of Cohabitation Agreement?
- Standard Registered Cohabitation: The most common type, registered at the municipality, covering basic rights and duties like shared housing costs and mutual support obligations
- Comprehensive Private Agreement: A detailed notarized contract addressing property division, inheritance rights, and specific financial arrangements
- Basic Living Arrangement: A simpler version focusing on day-to-day expenses and household responsibilities
- Asset Protection Agreement: Specifically designed to keep personal assets separate while managing joint acquisitions
- Business Partner Cohabitation: Tailored for couples who also run a business together, addressing both personal and professional aspects
Who should typically use a Cohabitation Agreement?
- Unmarried Partners: The main parties who create and sign the Cohabitation Agreement, defining their rights and obligations while living together
- Notaries: Legal professionals who draft and authenticate private cohabitation agreements, ensuring they comply with Belgian law
- Municipal Officials: Process and register statutory cohabitation declarations at local town halls
- Legal Advisors: Help couples understand their options and rights before entering into the agreement
- Property Agents: Often refer couples to create these agreements when purchasing property together
How do you write a Cohabitation Agreement?
- Personal Details: Gather both partners' full legal names, addresses, and dates of birth for official registration
- Asset Inventory: List all individual assets, debts, and shared property with supporting documentation
- Financial Arrangements: Detail how expenses will be shared, including rent, utilities, and joint purchases
- Property Rights: Specify ownership arrangements for current and future property acquisitions
- Living Arrangements: Document agreements about shared living space and household responsibilities
- Future Planning: Consider including provisions for relationship changes, career moves, or family planning
- Document Review: Have both partners carefully review the draft before finalizing with a notary
What should be included in a Cohabitation Agreement?
- Identity Section: Full legal names, birthdates, and current addresses of both partners
- Property Declaration: Clear listing of individual and joint assets, including pre-existing property
- Financial Arrangements: Specific terms for sharing expenses, savings, and debt responsibilities
- Living Terms: Details about shared residence, household costs, and daily responsibilities
- Termination Provisions: Procedures for ending the agreement and dividing assets
- Legal Framework: Reference to Belgian Civil Code and applicable regional laws
- Signature Block: Space for both partners' signatures, date, and notary authentication
What's the difference between a Cohabitation Agreement and a Custody Agreement?
A Cohabitation Agreement differs significantly from a Custody Agreement, though both deal with living arrangements and responsibilities. While cohabitation agreements focus on managing the relationship between unmarried partners living together, custody agreements specifically address child care arrangements between parents or guardians.
- Legal Scope: Cohabitation agreements primarily cover property rights and financial responsibilities between partners, while custody agreements focus exclusively on child-related matters
- Duration and Modification: Cohabitation agreements typically remain stable unless terminated, while custody agreements often require regular updates as children's needs change
- Third-Party Involvement: Cohabitation agreements mainly affect the signing partners, while custody agreements often involve court oversight and may include input from social services
- Enforcement Mechanisms: Cohabitation disputes are usually handled through civil courts, while custody agreements fall under family court jurisdiction with stronger enforcement powers
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