How does the coexistence contract work?

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A cohabitation contract can be considered as an agreement between two cohabitants. By concluding a cohabitation contract, the cohabitation of the two partners becomes official. Although this document is important for obtaining a mortgage or partner’s pension, the termination of the cohabitation contract is not partly binding. One Termination of cohabitation contract It can be performed completely independently and is therefore the fastest form of separation.

Is there a difference between a registered partnership contract and a cohabitation contract?

Big difference between coexistence contract and registered partnership is that the cohabitation contract is not officially registered by the municipality. The most formal form of a cohabitation contract is the notarial document that is drawn up. Thus personal property and debts remain personal. No common property was built. So there is no automatic inheritance and no division will occur when the cohabitation contract is dissolved because the two parties involved have ended their relationship.

The cohabitation contract has no effect on parental authority. Unlike with a registered partnership (and of course marriage), parental authority is granted only to the mother automatically for any children. The father must formally recognize the child in order to obtain paternity, after which the parents must register joint custody. In many cases, this is especially important when terminating a cohabitation contract.

How is the cohabitation contract terminated?

When rescinding the cohabitation contract, it is not necessary to go to court. The steps included are very easy to do by yourself. In short, the factual circumstances and the steps taken by the spouses as a result are sufficient evidence of the termination of the relationship and consequently the contract of cohabitation. In order to exclude all misunderstanding about this and to make the annulment of the cohabitation contract watertight, it is advisable to inform the notary in writing of this step so that it can be included in the file.

In addition, it is a reasonable step if the parties send each other a registered letter stating the termination of the contract. Of course, these documents must be signed and have a valid date to remove any ambiguity.

End the contract of coexistence with children at play

If the children get out of the relationship, the dissolution of the cohabitation contract is a different story. In this case, more needs to be done than just following the relatively simple steps outlined above. In the event of a cohabitation contract with children in play, there will also be parenting plan It must be set up and child support may be included. Although there is not always an official award for offspring, there is a duty of care for both parents, and also for the father.

Because the cohabitation contract, as shown, is structured differently than a registered partnership, spousal maintenance is not legally required upon its dissolution. However, it can be a choice about any joint decision that can be taken with the help of a mediator.

Are there other consequences of breaking the cohabitation contract?

Other important matters that may need to be reviewed upon dissolution of a cohabitation contract are allotment rights and possible pensions. After all, as indicated, the latter may be one of the reasons for a cohabitation contract to close.

In addition, it is of course possible that the partners jointly took out a mortgage. As with divorce, it should be ascertained, if possible, whether one of the spouses will continue to live in the home, with or without children. In this case, the house must be appraised, after which a new mortgage is drawn and the departing partner is purchased. If for any reason this does not apply, the home will be sold and any remaining proceeds or debts will be divided between the spouses.

Judex experts can unbiasedly assist you in settling the full or specific part of a coexistence contract solution. Judex brings your law and your expert together.

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