NETHERLANDS Trends and Developments Contributed by: Sandra Verburgt, Delissen Martens Advocaten
er. This analysis looks at the differences between the two groups. First of all, it is important to know that the Neth - erlands is a civil law jurisdiction and that it does not recognize the concept of “common law mar - riage”. In other words, living together for a number of years does not create any legal rights or obliga - tions towards the other partner. Married couples and registered partners have similar rights and obligations, which are codified in the the Fam - ily Code (Book 1 of the Dutch Civil Code). Other couples lack protection under the Family Code. They could only rely on general obligatory law and property law (Books 3, 6 and 5 of the Civil Code). Maintenance Spouses and registered partners have a legal obligation to support each other financially if circumstances require it. Spousal maintenance is granted if the need for maintenance is estab - lished and the other spouse is financially able to provide it (Article 1:157 of the Dutch Civil Code). The obligation is equal to half the duration of the marriage, with a maximum of five years (Article 1:157(1) of the Dutch Civil Code). In the event of divorce, if the marriage has lasted at least 15 years and the maintenance creditor is less than ten years from the statutory retirement age, then the maintenance term will be prolonged until the statutory retirement age (currently 67) or for the statutory term (if the latter is longer) (Article 1:157(2) of the Dutch Civil Code). If the marriage lasted more than 15 years and the maintenance creditor was born on or before 1 January 1970 and is at least ten years away from retirement age, the maintenance obligation is extended to ten years (Article 1:157(3) of the Dutch Civil Code). If the spouses have children under the age of 12, the period of maintenance is extended until the youngest child reaches the age of 12, if this would
result in a period of more than five years (Article 1:157(4) of the Dutch Civil Code). Article 1:80e(1) of the Dutch Civil Code declares that Article 1:157 of the Dutch Civil Code also applies to registered partners. Obligations during marriage or registered partnership Article 1:81 of the Dutch Civil Code states that spouses are obliged to be faithful to each other, to help and support each other, and to provide each other with what is necessary. The obliga - tion to provide maintenance is partly based on Article 1:81 of the Dutch Civil Code and consti - tutes a legally enforceable obligation (see: HR 20 June 1963, NJ 1964/452 and HR 25 June 1971, NJ 1972/58). During the marriage, the financial contribution of one partner to the other is not usually referred to as “maintenance”, but rather as “household money”. Article 1:80b of the Dutch Civil Code declares Title 1.6 (rights and obligations between spous - es), Title 1.7 (joint property) and Title 1.8 (mar - riage contracts) equally applicable to registered partners. Maintenance rights and obligations of cohabitants In some cohabitation agreements, the law on spousal maintenance (Article 1:157 of the Dutch Civil Code) is declared applicable. Only in this case can a cohabitant invoke the law on (spousal) maintenance in the event of separation. Howev - er, if there is no such clause in the cohabitation agreement or if the cohabitants have not entered into any agreement, the cohabitants have no legal rights or obligations towards each other in respect of financial support after separation. This applies regardless of the length of cohabitation.
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