You can enter into a joint life contract together or have the notary establish a joint life contract. In some cases, you can enter into a notarized cohabitation agreement. You may not receive a partner In a cohabitation contract, you can arrange everything from savings and retirement plans to daily expense agreements. And all this is possible, even if the children are involved. We are thinking, for example, of agreements on the cost of child care and education. Although it is possible to write your own unions, it is best to contact a lawyer to ensure that the agreement properly protects your interests and is legally binding. The agreement will also be stronger if you and your spouse each speak with different lawyers before signing it. Cohabitation can affect the tax you and your life partner pay. It depends on whether you are a tax partner or not. For more information, see „Will cohabitation influence the tax I pay?“ In the event of a breach of a cohabitation contract, the (ex) partner does not automatically receive the possibility of support from the partner, unless this is agreed in the cohabitation contract. If this issue is not stipulated in the contract and one of the partners wants to be complacent, it is up to the judge to make a judgment on it. Having children and a cohabitation contract If you have children together or if you have children from a previous relationship, these children are your rightful heirs. If you die, your children are immediately entitled to their legal share.
Do you want to protect your partner or appoint your partner to a unique heritage? This is possible thanks to a notarial cohabitation agreement associated with a final will. A cohabitation agreement gives you the freedom to find virtually every conceivable element that you want to add to such an agreement and that materialize in your relationship. If you want to organize much more than asset and cost allocation, then a registered partnership or wedding may be the best option. A cohabitation contract has many advantages, but also a number of drawbacks. Unless otherwise stated in a matrimonial agreement, marriage takes place automatically in the „general property community,“ which means that all assignments of property and debt between the spouses, including property acquired before marriage, estates and gifts, are carried out. A marital agreement can be reached before the marriage. It must be written by a notary and registered in a matrimonial register with the commune where the marriage announcement is made. It is also possible to enter into a post-uptial agreement during the marriage. If you want your partner to be (also) your heir, you must have a will in which you register it. If your partner inherits you, it can make a substantial difference whether or not you have a life contract and for the exemption from inheritance tax and the percentage of tax that must be paid (for the amount greater than the exemption).
In the absence of a tax contract, only a small amount is exempt from inheritance tax. In this case, thirty to forty per cent of taxes are levied on this amount. However, in the case of a cohabitation contract, an exception applies up to a much higher amount.