In the Netherlands you do not have to get married to protect each other legally, and many couples never do. The tool is the samenlevingscontract (cohabitation contract), a low-cost notarial document that secures rights living together does not give you automatically. Here is what it covers, how it differs from the alternatives, and the Dutch you will meet at the notary.
Why living together is not enough
This surprises people: simply samenwonen (living together) in the Netherlands grants almost no automatic legal rights. As the national government explains what to consider for a cohabitation contract, without a contract you are, legally, two individuals sharing an address. The samenlevingscontract fills that gap. It can arrange:
- how you share costs and possessions,
- what happens to the shared home and contents,
- naming each other as beneficiary for things like inheritance and life insurance, and
- the right to partner pension (partnerpensioen).
That last point is the one people most often overlook, and as notaries note, a notarial samenlevingscontract is frequently required before a pension scheme will pay your partner a partnerpensioen if you die.
Contract vs. partnership vs. marriage
The Netherlands gives unmarried couples two formal options, and they are not the same:
| Samenlevingscontract | Geregistreerd partnerschap | |
|---|---|---|
| Nature | Private contract (via a notaris) | Official civil status (at the gemeente) |
| In the civil registry? | No | Yes |
| Ending it | One partner states so in writing | Formal dissolution (notary/lawyer) |
| Cost | Lower | Higher |
So a samenlevingscontract is light and private; a geregistreerd partnerschap, which we cover alongside marriage, is a formal status close to marriage. Choose by how much legal weight you want.
The cost
Money is a big reason couples pick the contract, and the numbers come from three different places that broadly agree. The notaries’ own body, Notaris.nl, says the cost of the deed starts on average around 700 euros including VAT. An online fixed-price route is cheaper: NuNotariaat sells one at 449 euros and puts a quote-based contract at a notary’s office from about 636 euros upward, and comparison sites show a similar spread. A joint home, unequal contributions, children, a business or debts push you toward the top, because the agreements need tailoring. A geregistreerd partnerschap costs more to enter and dramatically more to end. For securing pension and inheritance, the contract is usually money well spent.
The two tax benefits only a notarial contract gives
This is why the notarial version, not a home-made one, is the standard advice. First, fiscal partnership: unmarried cohabitants become fiscaal partners for income tax (which lets you allocate deductions such as mortgage interest between you) only if they have a notarial samenlevingscontract, or a child or a jointly owned home together. Second, the inheritance-tax partner exemption: to inherit from each other with the partner exemption, which is many times larger than the exemption for an unrelated person, unmarried partners need a notarial contract containing a wederzijdse zorgverplichting (mutual duty of care) and must have lived together at the same address for at least six months at the time of death. Without the contract, a surviving cohabitant pays inheritance tax as a stranger, and may inherit nothing at all unless there is a will. The government’s overview sets out both.
What goes in it
A standard contract covers who pays what (usually in proportion to income), who owns what you bought together and what you each brought in, what happens to the home if you split, whether you owe each other maintenance, and a verblijvingsbeding (survivorship clause) that passes joint possessions to the survivor. It is usually paired with a testament (will), because the contract itself does not make you heirs. The notaris will also want valid ID from both of you; a partner from outside the EU needs to be lawfully resident to sign.
The vocabulary at the notary
It is drawn up and signed at the notaris, in Dutch. Know these:
| Dutch | English |
|---|---|
| samenlevingscontract | cohabitation contract |
| partnerpensioen | partner (survivor’s) pension |
| begunstiging | beneficiary designation |
| gezamenlijk | joint / shared |
| notaris | civil-law notary |
| opzeggen | to terminate |
Because it is a binding legal document, it is worth knowing in advance whether you legally need a translator at the notaris and walking in with the words ready.
A note on residence
Couples sometimes ask whether a samenlevingscontract helps with a partner visa. It can serve as evidence of a genuine, durable relationship in an immigration file, but it is not itself a residence permit, and the IND has its own criteria. Treat it as relationship protection first, and check the official residence rules separately.
The notaris: who they are, and the right most newcomers do not know they have
The contract is signed at a notaris (civil-law notary), and it is worth understanding what that official is before you sit down. A notaris is impartial. They serve the legality of the act, not your side, which makes them the opposite of an advocaat (lawyer) you hire to argue for you. Their involvement is legally required for a short list of acts: transferring a house (leveringsakte) and its mortgage (hypotheekakte), a will (testament), this contract, prenuptial conditions (huwelijkse voorwaarden), large gifts and forming a bv. For those, only a notaris can draw up the official registered deed; a private agreement between you does not do it.
Fees are not fixed, so comparing offertes (quotes) between offices is normal and expected, which is exactly why the price range above is as wide as it is.
The part worth knowing: the deed is in Dutch, and signing it has full legal effect. The notaris carries a duty called the Belehrungspflicht, meaning they must explain what the deed contains, what it obliges you to do, and what could go wrong. It goes further than most newcomers realise. Article 42 of the Wet op het notarisambt obliges the notaris to engage an interpreter where a party does not command Dutch, and the profession’s own body, the KNB, recommends a sworn interpreter from the official register rather than a friend or a colleague. So an interpreter is not a favour you request and pay extra to arrange. It is the notary’s own obligation, and the deed should not proceed without one. Ask for the explanation in English by all means, but know the stronger right sitting behind it, and never sign what you do not understand.
| Dutch | English |
|---|---|
| de notaris | civil-law notary |
| de akte | (official) deed |
| passeren | to execute or sign a deed |
| de offerte | quote |
| het Kadaster | land registry |
Where it connects
The contract is signed at a notaris, and it usually arrives in the same month as the en/of joint account. If you are living together in a rental, the deposit rules decide who gets what back when the tenancy ends.
The bottom line
Living together in the Netherlands gives you almost no automatic rights, so the samenlevingscontract exists to grant them: shared property, beneficiary status, and crucially partnerpensioen. It is a private notarial contract (not a registered civil status like a geregistreerd partnerschap), costs roughly 449 to 1,075 euros, and ends with a simple written notice. Learn samenlevingscontract, partnerpensioen, begunstiging, and notaris, and you can protect your partner without a wedding, and understand every line you sign.
Frequently asked questions
What is a samenlevingscontract and what does it arrange?
A samenlevingscontract is a cohabitation contract for unmarried couples living together. Unlike marriage, living together gives you almost no automatic legal rights, so the contract arranges them: shared costs and property, what happens to the home, and often the right to each other’s partner pension (partnerpensioen). A notarial version is also frequently needed to name your partner as beneficiary or for pension rights.
What is the difference between a samenlevingscontract and geregistreerd partnerschap?
A samenlevingscontract is a private contract (best drawn up by a notaris) and is not recorded in the civil registry; it ends simply when one partner states so in writing. A geregistreerd partnerschap is an official legal status registered with the gemeente, close to marriage in its legal effects, and is more expensive and more formal to end. The contract is lighter and cheaper; the partnership is a formal civil status.
How much does a samenlevingscontract cost at the notary?
The notaries’ own body puts the deed at around 700 euros including VAT on average. A fixed-price online route starts nearer 449 euros, and a quote-based contract at a notary’s office from roughly 636 euros; a jointly owned home, unequal contributions, children or a business push it higher. That is far cheaper than a geregistreerd partnerschap, and dramatically cheaper than dissolving one. A will (testament) is often drawn up at the same time and priced separately.
What is a samenlevingscontract in English?
A cohabitation agreement: a notarial contract in which an unmarried couple sets out how they share costs, possessions and the home, names each other as beneficiary, and unlocks the rights the law does not give cohabitants automatically, above all partner pension, fiscal partnership and the inheritance-tax partner exemption. It is a private contract, not a civil status like a registered partnership.
Do unmarried partners inherit from each other in the Netherlands?
Not automatically. Cohabitants are not legal heirs, so without a will the surviving partner inherits nothing. A notarial samenlevingscontract with a survivorship clause passes joint possessions to the survivor, a will does the rest, and the contract’s mutual duty-of-care clause plus six months of living together qualifies the survivor for the large inheritance-tax partner exemption instead of paying tax as a stranger.
Do I get an interpreter at the notaris if I do not speak Dutch?
Yes, and it is the notary’s obligation rather than your favour to ask. Article 42 of the Wet op het notarisambt obliges the notaris to engage an interpreter when a party does not command Dutch, and the notaries’ body (KNB) recommends a sworn interpreter from the official register rather than a friend or colleague. The deed is in Dutch and signing it has full legal effect, so the notaris must also explain what it contains and what it obliges you to, a duty called the Belehrungspflicht.
Is the notaris on my side?
No, and this is the point people most often get wrong. A notaris is impartial: they serve the legality of the deed, not either party, so they are not your lawyer (advocaat). If you want someone arguing your interest, that is a separate job. What the notaris does owe you is a full explanation of what you are signing, in a language you understand.
