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Termination of a registered partnership

Termination of a registered partnership

Some people opt for a registered partnership instead of a marriage. A registered partnership and a marriage are very much alike, but there are also important differences. With regard to children born in wedlock, the spouses, as parents, have custody by operation of law. In the case of a registered partnership, the birth of a child only leads to a family relationship between the mother and her child. Registered partners have a duty to support each other, just like in a marriage. To the extent of their abilities, they are obligated to provide for each other’s maintenance. After the termination of a registered partnership, a maintenance or alimony obligation may arise with regard to the partner who earns least. In the case of a registered partnership, a community of property arises. As in a marriage, it is possible to deviate from this situation by notarial deed. Before or during their registered partnership, the partners may make different arrangements before a civil-law notary.

Just as in a marriage, registered partners are each other’s legal heirs. Inheritance or estate tax is also the same as for married couples.

What is different when compared to marriage, is that registered partners without any minor children may terminate their registered partnership – by mutual consent – without having to go to court. The partners do have to draw up a termination agreement that has to meet certain conditions and this will have to be done with the help of a lawyer or civil-law notary. By registering this termination agreement in the register of births, deaths, marriages and registered partnerships, the registered partnership is officially terminated.

If the registered partners cannot reach an agreement among themselves, one of the partners may request the court to decide about the termination of the registered partnership and the consequences. In that case, the registered partnership will be terminated by registering the court’s decision in the register of births, deaths, marriages and registered partnerships.