Cohabitation Agreement Belgium: Everything You Need to Know
Cohabitation agreements are becoming increasingly popular among couples who choose to live together without getting married. This legal document serves as a precautionary measure for both partners to ensure that their rights and obligations are clear, especially in cases of separation.
If you are living in Belgium and considering a cohabitation agreement, here`s everything you need to know.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal document that outlines the terms and conditions of a couple`s living arrangement, including financial responsibilities, property rights, and other relevant matters. This document can be created by any two people who share a residence and are not married or in a civil partnership.
Why do You Need a Cohabitation Agreement in Belgium?
In Belgium, there is no common law marriage, and cohabitation does not provide any legal status to the couple. Hence, a cohabitation agreement can come in handy for couples who want to protect their interests and secure their rights if the relationship ends.
Additionally, a cohabitation agreement can provide additional legal protection in cases of illness, incapacity, or death of one of the partners. It can also make the process of separating easier and less stressful.
What Should be Included in a Cohabitation Agreement?
A cohabitation agreement can be customized to the couple`s needs, but some of the essential clauses that must be included are:
1. Financial Provisions: This clause should cover how the couple`s finances are managed, including shared expenses, joint accounts, and responsibility for debts. It should also detail how the couple will divide assets and liabilities in case of a breakup.
2. Property Rights: This clause should specify the ownership of the property, especially if one partner has contributed more to its purchase or maintenance. It should also mention how the couple will divide the property in case of separation.
3. Personal Matters: This clause should cover the couple`s personal matters, such as child custody, child support, and visitation rights.
4. Duration: The agreement should mention the duration of the arrangement and if it can be renewed or terminated.
How to Create a Cohabitation Agreement in Belgium?
To create a cohabitation agreement in Belgium, both partners must consult with a lawyer who specializes in family and contract law. The lawyer will draft the agreement based on the couple`s situation and needs.
Once the document is finalized, it must be registered with the local population service of the municipality where the couple lives. Registration ensures that the agreement is legally binding and enforceable.
In Conclusion
Cohabitation agreements are an effective tool for protecting the rights and interests of couples who live together without getting married. If you are in Belgium and considering a cohabitation agreement, consult with a lawyer who can help you draft a document that suits your needs and ensures that your rights are protected.
