10 July 2011

Registered partnership – the pros and the cons

By Marieke Morshuis

The Dutch Central Office for Statistics has registered a steep rise in registered partnerships lately, especially in relationships where both partners are 40 and older.

Far from being accidental, this rise reflects the assumption that dissolving a registered partnership is easier than getting divorced. True, in principle; however, think twice, if and where there are children involved.

Men, watch out!

Legally speaking, there are not that many differences between a marriage and a registered partnership. However, one of them can make all the difference, since a child born within a registered partnership has only one parent by law: the mother. This holds true for both same sex and heterosexual couples. In the case of same sex couples, legal parenthood by both parents can be assumed only through adoption, even if the couple itself is married.

Heterosexual couples living in a registered partnership and having a baby can both become parents only after the father recognises the child as being his own; whereas a baby born into a marriage is automatically recognised as being the child of the husband. Guardianship / custody of a child born into a registered partnership can be exercised by the father only after a formal recognition of the child has taken place. Without such a formal recognition, in the case of a break-up of the relationship, the father will have no further say in any relevant matter of his child’s future life, such as education, medical interventions, place of residence, etc.

Termination of a registered partnership – is it really that quick?

Before being able to terminate their relationship, couples living as registered partners, having a child / children must agree on a parenting plan – just as well as cohabiting parents or married parents have to.  Their partnership will be dissolved by a judge, after the parents jointly file a parenting plan, spelling out their intentions on visitation, care and custody of the children. Aided by one or more lawyers or notaries, a childless registered partnership can be dissolved without the intervention of a judge by signing a joint declaration. By law, a registered partnership allows for partner alimony, whilst cohabitation does not.

Wise last words

From all of the above one can conclude that, unless a couple decides not to have children together, there is little reason to opt for a registered partnership.

Questions? More information?

If you would like to know more registered partnership or other family law matters, please contact us. Our team of experts can help you work it out.

Marieke Morshuis

Marieke Morshuis

Lawyer / associate partner

‘Achieving Results for Clients Is the Greatest Reward’

Related blogs

Previous slide
Next slide

12 March 2025

Mediation also offers benefits for financial settlement

A divorce is not only emotionally challenging but can also be complex in terms of legal and financial settlement. Even when no children are involved, mediation can still be a wise choice.

Read more

Read more about

10 March 2025

Living together without a contract: what you need to know

Unmarried cohabitation without a cohabitation agreement (“informal cohabitation”) is becoming increasingly popular in the Netherlands.

Read more

Read more about

27 January 2025

Relocating with Children: Consent Required from the Other Parent

Moving is a significant event, especially when children are involved. It becomes even more complex when parents are separated and share joint parental authority.

Read more

Read more about

8 January 2025

5 practical tips for effective divorce mediation

Once a couple have made the decision to break up, mediation can be a valuable means of resolving conflicts and reaching agreement in an emotionally charged situation. To ensure a smooth mediation process, we provide you with 5 practical tips for divorce mediation in the article below.

Read more

Read more about

2 January 2025

The effects of an overheated housing market in family law

It is common knowledge that the housing market in the Netherlands is overheated. This fact has also had an effect on a number of rulings in family law.

Read more

Read more about
All articles