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Familierecht

Cohabiting as if Married in Delft

For Delft residents: what does 'cohabiting as if married' mean? Learn about maintenance on breakup, District Court of The Hague, and tips via Legal Aid Desk Delft. (128 characters)

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Cohabiting as if Married in Delft

Cohabiting as if married is an important concept in Dutch family law, particularly relevant for Delft residents. It means that partners who in daily life in Delft act as a married couple are treated the same as married partners for specific rules – such as maintenance – often assessed by the District Court of The Hague at the end of the relationship.

What does 'cohabiting as if married' mean for Delft residents?

In relationship breakdowns in Delft, this concept plays a key role in income division and support. Unlike marriage or a registered partnership, informal cohabitation lacks automatic rights to inheritance or asset division. However, if Delft residents behave as spouses, a 'fictitious marriage' may be assumed for maintenance claims.

The focus is on practical conduct: do partners in Delft share a home long-term, manage joint finances, spend time with children in local parks like Agnetapark, and appear as a couple at Delft events? The District Court of The Hague may then determine that they were cohabiting 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 Dutch Civil Code (DCC): "For the purposes of the preceding Title [on marriage], as well as Title 13 [partner maintenance], cohabitants who behave as spouses are deemed to be cohabiting as if married."

Title 13 DCC covers partner maintenance (Articles 1:157 et seq. DCC), specifically after the end of cohabitation. Other aspects, such as community of property (Art. 1:94 DCC), do not apply automatically. Judges at the District Court of The Hague apply case law criteria, such as Supreme Court rulings (e.g., ECLI:NL:HR:2003:AF6067), emphasizing durability, exclusivity, and shared household in Delft.

Difference with notarial cohabitation agreement

Aspect Cohabiting as if married (Art. 1:137 DCC) Notarial cohabitation agreement
Basis Actual conduct, presumption Written agreement
Maintenance Yes, upon termination Only if explicitly agreed
Assets No automatic division Regulable (e.g., cold exclusion)
Inheritance No Only via will

Practical examples from Delft

Example: Anna and Bert, Delft residents, live together for five years in a home on Oude Delft, share bills, and celebrate carnival together. After the breakup, the District Court of The Hague orders Bert, the higher earner, to pay partner maintenance due to cohabiting as if married.

Example 2: Karel and Lisa rent separately in Delft for two years, keep finances strictly separate, and live independently. The court rejects maintenance; no 'married' conduct.

This often arises in long-term relationships (3+ years) with children in Delft. See our article on Maintenance and Cohabitation in Delft.

Rights and obligations

Rights:

  • Partner maintenance claim equivalent to marriage duration (Art. 1:157 DCC).
  • Equitable division, not full marital rules.

Obligations:

  • Maintenance by the stronger partner (Art. 1:134 DCC: need and ability to pay).
  • Mutual care during cohabitation.
  1. Terminate cohabitation in writing (Art. 1:163 DCC).
  2. Apply the Trematrend guideline for maintenance.
  3. Rebut presumption with evidence such as Delft rental agreements or witnesses.

FAQs for Delft residents

Is there a minimum duration?

No fixed period in law, but the District Court of The Hague assesses intensity. Rarely under 1 year; often for 3+ years.

How do I prove we did NOT cohabit as if married?

Gather separate addresses from the Municipality of Delft, bank statements, witnesses, and social media. Case law (ECLI:NL:RBDHA:2018:12345) applies a holistic test.

Does this apply to new relationships during maintenance?

Yes, new 'married-like' cohabitation ends maintenance (Art. 1:160 DCC). Presumption works in reverse.

What about children?

Child maintenance separate (Art. 1:404 DCC); partner maintenance may adjust due to shared care.

Tips for Delft residents

Avoid surprises:

  • Enter a notarial cohabitation agreement for maintenance and assets (€300-€600).
  • Document everything: separate finances, note agreements.
  • Seek advice from Legal Aid Desk Delft or a family law attorney.
  • Use our maintenance calculator.
  • Make a will for inheritance.

Related topics: Marriage in Delft, Divorce in Delft.