If you are a couple that’s not married, your relationship is not regulated by the law. This means that you can break up without applying for a legal separation and divorce, but it also means that you do not have an automatic right to inherit one another. This is why it’s important to address these matters in advance.
If you and your partner choose not to get married, it’s important to beware that you are not subject to the same legal protection as married couples. This means that there is no automatic guarantee of how your shared assets should be divided between you, whether it is in the event of the relationship ending or one of you dying.
As an unmarried couple, you have a legally limited protection because you are considered as individuals. If you split up, the starting point is that you keep the assets that each of you individually owns, including any debts accumulated before and during your relationship.
Usually, this doesn’t cause problems in the relationship itself, but if you split up after many years together, possibly with joint children and intertwined finances, it can become difficult to determine what’s mine and yours when suddenly everything is no longer “ours”. This is why it’s a good idea to consider how any potential future conflicts should be resolved, even when you first move in together and merge your finances.
If you and your partner also wish to secure each other in the event of one’s death, it is necessary to have a will. This can be crucial to maintaining the estate and avoiding financial difficulties, especially if you have children. Couples that are not married do not have an automatic right to inherit one another according to the inheritance law. That is the reason we recommend creating a will if you want to provide for each other in the event of death.
As unmarried partners, you should consider making a cohabitation agreement. Disputes can easily arise on how to divide the assets you have acquired during the relationship. Discussions about who is entitled to what can intensify an already challenging situation. To protect the both of you and avoid unnecessary conflicts, if you were to go your separate ways someday, you should have a cohabitation agreement in place.
A cohabitation agreement is a legal document that, among other things, can regulate how expenses should be distributed, who owns what, how you should deal with your shared residence or car, and how you should divide assets in the event of a breakup.
If you cannot agree on the division of your residence, assets, or valuables, the matter may ultimately need to be brought to the probate court. This can be both time-consuming and expensive. That is why it is a good idea to get a written agreement in advance, so you have clear guidelines and a procedure for handling things in the event of your breakup.
Because it can be difficult to assess what the agreement should cover and the consequences of the agreement itself, we recommend seeking legal assistance.
We assist in drafting cohabitation agreements tailored to your specific situation. This ensures a customized solution and that you know exactly what you are getting into if you decide to end the relationship.
