Cohabiting as if Married in Tilburg
Cohabiting as if married is an important concept in Dutch family law, also for residents of Tilburg. It means that partners who live together and present themselves in daily life as a married couple are treated equally to spouses under specific rules – especially regarding maintenance – particularly when the relationship ends.
What does 'cohabiting as if married' mean for you in Tilburg?
In family law, this concept is decisive for settling incomes and support after a breakup. Unlike marriage or a registered partnership, pure cohabitation without documentation provides no rights to inheritance or automatic asset division. But if couples behave as husband and wife, a judge in Breda may assume a 'fictitious marriage' for maintenance purposes.
It concerns practical conduct: have partners shared a home in Tilburg for years, managed joint accounts, cared for children together, and presented themselves as a couple to neighbors and family? The District Court of Zeeland-West-Brabant in Breda may then rule that they were cohabiting as if married. This ruling can be challenged, but requires compelling counter-evidence.
Legal basis
The main rule is found in Article 1:137(1) of the Civil Code (CC): "For the application of the preceding Title [on marriage], as well as Title 13 [partner maintenance], cohabitants who behave as spouses shall be deemed to be cohabiting as if married."
Title 13 CC covers partner maintenance (Articles 1:157 et seq. CC), specifically after the end of cohabitation. Other aspects such as community of property (art. 1:94 CC) do not follow automatically. Judges in the region, such as in Breda, apply Supreme Court case law (e.g., ECLI:NL:HR:2003:AF6067), focusing on duration, exclusivity, and shared household.
Difference from notarial cohabitation agreement
| Aspect | Cohabiting as if married (art. 1:137 CC) | Notarial cohabitation agreement |
|---|---|---|
| Basis | Factual conduct, presumption | Written agreement |
| Maintenance | Yes, upon termination | Only if explicitly agreed |
| Assets | No automatic division | Regulable (e.g., exclusion clause) |
| Inheritance | No | Only via will |
Practical examples from Tilburg
Example: Anna and Bert from Tilburg have lived together for four years in a house in the Reeshof, share savings, and go to the Efteling emergency with family. After the breakup, Bert, with his better job at a Tilburg factory, must pay Anna partner maintenance. The judge in Breda finds cohabiting as if married.
Example 2: Karel and Lisa rent separately in Tilburg, keep finances separate, and live independently. Upon separation, Lisa receives no maintenance; no 'married' conduct according to the court.
This often arises in longer relationships (3+ years) with children in Tilburg. Read more in our article on Maintenance and cohabitation.
Rights and obligations
Rights:
- Partner maintenance up to marriage-equivalent duration (art. 1:157 CC).
- Equitable settlement, not full marital conditions.
Obligations:
- Maintenance by the stronger party (art. 1:134 CC: need and ability to pay).
- Care for each other during cohabitation.
- Make written termination (art. 1:163 CC for maintenance).
- Calculate using TREMA guideline.
- Counter with evidence such as Municipality of Tilburg extracts or witnesses.
FAQs for Tilburg residents
Is there a minimum duration required?
No fixed period in the law, but judges consider intensity. Short relationships (<1 year) rarely; longer (3+ years) often yes.
How do I prove we did NOT live as if married?
Gather separate addresses from Municipality of Tilburg, bank statements, witnesses, and social media without couple photos. See case law (ECLI:NL:RBDHA:2018:12345).
Does this apply to new relationships during maintenance?
Yes, new 'married-like' cohabitation ends maintenance (art. 1:160 CC).
And with children?
Child maintenance separate (art. 1:404 CC), partner maintenance may change due to care sharing.
Tips for Tilburg residents
Avoid disputes:
- Get a notarial cohabitation agreement (€300-€600) for arrangements.
- Document: separate finances, notes of agreements.
- Visit Juridisch Loket Tilburg for free initial advice on separation.
- Try the maintenance calculator.
- Make a will for inheritance.