Partnerships and Cohabitation in the Netherlands: Understanding the Changing Norms

Introduction

The Netherlands, known for its progressive and inclusive policies, offers various options for couples who wish to formalize their relationships. For expats coming to the country, traditional marriage might not be the most popular choice. Instead, many are opting for registered partnerships or cohabitation agreements, each offering distinct advantages based on their preferences and circumstances. This text explores the reasons behind the declining popularity of marriage, the rise of registered partnerships, the legalities involved, and the differences between these forms of unions. Additionally, we’ll discuss cohabitation agreements and their relevance for couples who seek an alternative to both marriage and registered partnerships.

Legal Equality with Marriage

In the Netherlands, registered partnerships are legally equivalent or similar to marriage, with the distinctions between the two having narrowed over the years. Notably, the option for same-sex couples to choose either a registered partnership or a marriage exists. One key difference between the two forms of legal union is the dissolution process. A registered partnership can be dissolved without involving a court, making it a more straightforward process, which can be advantageous, especially in cases of abusive relationships.

Considerations for Partnerships in the Netherlands:

1. Legal Recognition Abroad

It is essential to consider that while registered partnerships are legally recognized within the Netherlands, they may not always be acknowledged abroad. Similarly, same-sex marriages may also face recognition challenges outside the country. This factor becomes particularly significant if a couple has assets or plans to live abroad together. Consulting a notary can provide clarity on the specific rules that apply in each case.

2. Partnerships and Migration Background

Couples with a migration background, particularly those from Turkish, Middle Eastern, or African backgrounds, may still choose marriage in the Netherlands due to cultural and religious reasons. Marriage remains a preferred option in these communities, where religious norms may forbid cohabitation without being formally married.

Parenthood in Registered Partnerships

The rules governing parenthood in registered partnerships differ based on the gender and biological status of the parents. For heterosexual couples, if a child is born during the marriage or registered partnership, both parents are automatically recognized as legal parents, regardless of biological ties. However, for same-sex couples, the rules vary depending on the situation. In a partnership between two women, the biological mother is automatically registered as a parent. In a partnership between two men, the father’s partner can acquire paternity through affidavit or adoption.

Converting Registered Partnership to Marriage

One major distinction between marriage and registered partnerships is that a registered partnership can be converted into a marriage at a later time. This option offers flexibility for couples who may want to change their legal status in the future. However, the reverse is not possible, meaning a marriage cannot be converted into a registered partnership.

Ending a Registered Partnership

Dissolving a registered partnership is typically easier and does not require court involvement when there are no children under the age of 18. However, legal separation is not possible for couples in a registered partnership.

Cohabitation Agreements: A Flexible Alternative

For couples who wish to avoid both marriage and registered partnerships, a cohabitation agreement is a viable option. Cohabitation agreements are ideal for couples who want to share their finances and assets without formalizing their relationship legally. These agreements can be drawn up by a civil-law notary, but it is only necessary if the couple wishes to benefit from a partner pension scheme.

Conclusion

As the Netherlands embraces diversity and progressiveness, various options for formalizing relationships have become available. The declining popularity of marriage and the increasing preference for registered partnerships among younger couples demonstrate evolving social norms. Meanwhile, cohabitation agreements provide a flexible alternative for couples who seek financial and asset-sharing arrangements without legal formalities. Whether choosing a registered partnership, marriage, or a cohabitation agreement, couples in the Netherlands can find a suitable option that aligns with their values, preferences, and circumstances in a society that continues to evolve.