Cohabitation Agreement

Cohabitation Agreement: What You Need to Know

A Cohabitation Agreement is a legal form of union for two individuals, regardless of gender, that allows them to formalize their relationship and obtain rights and obligations similar to those of marriage.

Who can enter into a Cohabitation Agreement:

Adults with full legal capacity
Heterosexual or homosexual couples

Procedure for Entering into a Cohabitation Agreement:

Drafting of a Cohabitation Agreement by a notary public
Filing a copy with the Registry of the place of residence

What a Cohabitation Agreement Regulates:

Personal relationships (surname, children)
Property relations (maintenance, financial autonomy, participation in acquisitions)
Inheritance rights (inheritance right, statutory share)
Presumption of paternity
Joint family share

Differences from Marriage:

Feature	Marriage	Cohabitation Agreement
Method of Entry into Force	Notification, religious ceremony, declaration before the mayor
Surname	Optional addition of spouse’s surname
Taxation	Joint declaration
Maintenance	After divorce
Dissolution	Joint agreement, unilateral declaration, marriage

Important Points:

A Cohabitation Agreement does not affect the right to adopt.
In case of dissolution, it is effective from the filing of the relevant document with the Registry.

Sources:

Advice:

For legal advice and detailed information, please consult a lawyer.