The decision to get married often raises legal questions, as marriage can offer both advantages and disadvantages. Marriage automatically comes with many rights and obligations. On the other hand, cohabitation offers freedom, which in turn does not only bring advantages. This article explains the legal differences between marriage and cohabitation.
There is often a misconception that cohabitation is similar to marriage or a registered partnership, but this must be denied. The legal position of cohabiting partners differs fundamentally from that of spouses or registered partners. This applies to claims during the ongoing relationship, in the event of separation and in the event of death.
Marriage already triggers comprehensive obligations - one of the most important of which is the so-called duty to provide support. The right to maintenance is also derived from this. A (unilateral) termination of the relationship or abandonment can be considered malicious and therefore a breach of the duty of support (and therefore marital misconduct). If an amicable divorce is not possible, the marriage can only be dissolved by means of a divorce action. A right to maintenance already exists during the marriage. Accrued assets or marital property must also be divided between the spouses as part of the divorce. This also includes the matrimonial home. These assets are protected until the end of the division proceedings.
In contrast, there is no such obligation for cohabiting partners. You can end the relationship at any time and without cause. In the event of separation, everyone is entitled to what they have acquired or contributed. There are no assets in the cohabiting relationship. There is also no housing protection - a cohabiting partner who is not on the tenancy agreement can be made to leave the home immediately.
Spouses have a statutory right of inheritance. Depending on the parentel, you are entitled to one third or one half of the inheritance. Life partners, on the other hand, only have an extraordinary right of inheritance. If there is no will , they only come into play if the state or a legatee would inherit. In practice, this is extremely rare.
In both cases, contractual arrangements provide a remedy. For spouses by means of a marriage contract - these are generally subject to notarization. This can be used to regulate maintenance and the division of assets. Cohabiting partners can make arrangements by means of a partnership agreement. In both cases, a will ensures the desired succession. In this way, you can regulate important aspects of your cohabitation, separation or divorce and financial security in the event of death.
We will be happy to provide you with further information and support and to draw up your individual agreement. As experts in family law, we offer you the best possible structuring options and create a contract tailored to your needs.
