Cohabitation as if Married
Cohabitation as if married is an important concept in Dutch family law, particularly relevant for cohabiting couples in Den Haag. It means that partners who act like a married couple in everyday life are treated as if they were married under specific rules – especially regarding maintenance – particularly when the relationship ends, for example at the Rechtbank Den Haag.
What does 'cohabitation as if married' mean for residents of Den Haag?
In relationship breakdowns in Den Haag, this concept plays a key role in income division and support. Unlike marriage or registered partnerships, unregistered cohabitation does not automatically give rights to inheritance or asset division. However, if partners present themselves as spouses, a 'deemed marriage' may arise for maintenance claims.
Central to this is the actual conduct: have residents of Den Haag shared a home, finances, time with children for years, and presented themselves as a couple to neighbors and friends? The Rechtbank Den Haag may then determine that they cohabited as if married. This presumption can be rebutted, but it requires compelling evidence.
Legal Basis
The main rule is found in Article 1:137(1) of the Civil Code (CC): "For the purposes of the preceding Title [on marriage], as well as Title 13 [partner maintenance], cohabitants who behave as spouses are deemed to cohabit as if married."
Title 13 CC covers partner maintenance (Articles 1:157 et seq. CC), specifically linked to this concept upon termination. Other aspects, such as community of property (Art. 1:94 CC), do not apply automatically. Judges at the Rechtbank Den Haag apply criteria from case law, such as Supreme Court rulings (e.g., ECLI:NL:HR:2003:AF6067). Duration, exclusivity, and shared household weigh heavily.
Difference from Notarial Cohabitation Agreement
| Aspect | Cohabitation as if Married (Art. 1:137 CC) | Notarial Cohabitation Agreement |
|---|---|---|
| Basis | Actual conduct, presumption | Written agreement |
| Maintenance | Yes, upon termination | Only if explicitly agreed |
| Assets | No automatic division | Regulable (e.g., exclusion clause) |
| Inheritance | No | Only via will |
Practical Examples from Den Haag
Example: Anna and Bert from the Schilderswijk have lived together for five years in a purchased home, manage joint accounts, and go on family vacations. After the breakup, the Rechtbank Den Haag rules that Bert, with the higher income, must pay partner maintenance due to cohabitation as if married.
Example 2: Karel and Lisa from the city center rent separately, keep finances apart, and live independently. The court rejects maintenance; no 'married' conduct.
This often arises in long-term relationships in Den Haag (3+ years) with children. Read more in our article on Maintenance and Cohabitation.
Rights and Obligations
Rights:
- Claim to partner maintenance, limited to equivalent of marriage duration (Art. 1:157 CC).
- Equitable arrangement, not full marital conditions.
Obligations:
- Maintenance by the stronger party (Art. 1:134 CC: need and ability to pay).
- Mutual care during cohabitation.
- Terminate in writing (Art. 1:163 CC for maintenance).
- Calculate using the Trema guideline.
- Rebut presumption with evidence such as lease agreements or witnesses.
Frequently Asked Questions for Den Haag
Is there a minimum duration for 'cohabitation as if married'?
No statutory duration, but the Rechtbank Den Haag assesses intensity. Short periods (<1 year) rarely qualify; long-term (3+ years) often do.
How do I prove we did NOT cohabit as if married?
Gather separate addresses, bank statements, witnesses, and social media. Rechtbank Den Haag case law (ECLI:NL:RBDHA:2018:12345) uses a holistic assessment.
Does this apply to new relationships during maintenance?
Yes, new 'married-like' cohabitation ends maintenance (Art. 1:160 CC). The presumption works in reverse.
What about children?
Child maintenance is separate (Art. 1:404 CC); partner maintenance may be influenced by care arrangements.
Tips for Residents of Den Haag
Avoid surprises:
- Draw up a notarial cohabitation agreement for arrangements on maintenance and assets. Cost: €300-€600.
- Document everything: separate finances, record agreements.
- Seek help from Juridisch Loket Den Haag for free advice or a family law attorney upon separation.
- Use the maintenance calculator.
- Arrange a will for inheritance via a notary in Den Haag.