Whether with or without a marriage certificate – there is no guarantee of eternal love. After separating, both partners become independent again, including financially. Although married couples are somewhat protected after a divorce, those who are just a couple may experience financial hardship. Because living together without marriage does not give rise to mutual claims for maintenance. In addition, there is no legal distribution of assets in the event of separation, as is the case after divorce.
Tip: Our guide to marriage contracts reveals how married people can protect themselves legally.
Women especially should think about insurance
Women who work part-time to better care for their children and receive lower wages are often in a very bad situation. Even in happy relationships, this causes some partners to ruminate. That’s why it’s important to protect each other and determine rights and obligations.
Our advice on partnership agreements
Decide. If you and your partner are not married and want to protect each other, a partnership agreement may be considered. This allows you, for example, to regulate whether one partner should support the other financially in the event of separation.
Adapt. If your life circumstances change, you should consider adjusting your contract. This applies, for example, if you have children or earn more.
Advising. It makes sense to seek legal advice. An initial consultation with a lawyer often costs between 100 and around 230 euros including VAT.
Distributing assets with a partnership agreement
The desire for financial security in the event of separation can be realized quite easily through a partnership agreement. Unmarried people can create a prenuptial agreement without marriage and, for example, regulate how existing assets will be distributed in an emergency: What should happen to valuables purchased together, who should pay joint debts?
Agree on maintenance payments
Couples can also decide whether one partner should pay maintenance to the other and, if so, how much. This is reasonable and fair, for example, if someone works part-time to better care for their children, or if their income is not enough to support themselves.
Clarify possible points of contention
Ultimately, unmarried couples can include in the contract all points that may give rise to disputes after separation.
Practical question. Access rights for children, rules regarding property purchased together or the question of who can keep a pet. Usually a partnership agreement contains provisions regarding property ownership, division of assets and maintenance obligations, as well as claims for compensation for gifts in the event of separation. Partners can also clarify inheritance law issues and provide each other with power of attorney in the event of death.
Gemeinsama Mietwohnung. It can also be regulated who lives in the shared rental apartment. If both partners have signed a rental agreement, the landlord can hardly raise objections to the agreement.
Ongoing costs. A partnership contract is not only important in the event of separation, but – like a marriage contract between married people – can also regulate matters relating to daily life together: for example who should cover ongoing costs for insurance or household expenses.
When building a house, a contract is drawn up with a notary
Couples can make many of their own arrangements. You only need to go to a notary if the partnership agreement involves a gift or contains an obligation to transfer property or residential property. Due to the lack of legal protection for financial relationships in partnerships without marriage, unmarried couples should arrange the purchase of a house or apartment together in a separate agreement.