How to end legal cohabitation?

Five ways to end legal cohabitation.

The breakdown of legal cohabitation occurs in five different situations:

• The marriage of one of the legal cohabitants.

According to article 1476, § 2, 1st paragraph of the Dutch Civil Code, legal cohabitation automatically ends in the event of the marriage of one of the partners. This also applies to legal cohabitants who marry!

• The death of one of the legal cohabitants.

According to article 1476, § 2, 1st paragraph of the Dutch Civil Code, legal cohabitation automatically ends in the event of the death of one of the partners.

• The drafting of the act of absence of one of the legal cohabitants.

In accordance with article 121, § 2 of the Civil Code, the judgment relating to the declaration of absence of one of the partners will have all the consequences of death from the date of drafting of the certificate of absence. This will also end legal cohabitation.

• Terminate in accordance with a joint declaration.

According to article 1476, § 2, paragraph 2 of the Dutch Civil Code, the legal cohabitation can be terminated by a joint declaration of the two partners to the registrar. The declaration must contain the following elements: date of the declaration, place of residence of the two parties, signature of the two parties, indication of the desire to end the legal cohabitation, surname and first name of the two parties, place of birth of the two parties . This mode of rupture therefore does not require the intervention of the judge, unlike the breakdown of the marriage.

• End by virtue of a unilateral declaration.

According to article 1476, § 2, paragraph 2 of the Dutch Civil Code, the legal cohabitation can be terminated by a unilateral declaration to the civil registrar. The written declaration is given to the registrar of the commune of the declaring partner. The declaration must contain the following elements: date of the declaration, place of residence of the two parties, signature of the person requesting the termination unilaterally, indication of the desire to end the legal cohabitation, surname and first name of the two parties, place birth of both parties. The registrar must serve this declaration on the other partner within 8 days. Any partner may unilaterally request termination at any time. However, the costs of termination in this way are borne by the partner who terminates it unilaterally.

What are the consequences of the breakdown of legal cohabitation?

The end of legal cohabitation means that it is dissolved.

When the termination takes effect depends on the method of termination.

In the event of death, the cohabitation is dissolved on the day of the death of one of the partners. When the marriage is entered into by one or both partners, it is dissolved on the day of the wedding. In the event of a unilateral or joint declaration of termination, it is dissolved on the day on which the civil registrar enters the declaration in the population registers.

The law does not provide for alimony. Only if there is a legal basis, a temporary benefit of up to one year can be requested from the family court. Such payment cannot be requested for reasons of equity.