De Facto Partnership Agreement: What It Is and What It Should Include
When a de facto partnership is formed, one of the most important steps is to formalize a notarial regulatory agreement. This document establishes the rules of cohabitation and protects both members of the partnership in case of breakup or death. We tell you everything you need to know.What is the De Facto Partnership Agreement?
The regulatory agreement is a private agreement elevated to public deed in which the couple establishes, by mutual agreement, how they will manage their assets, their economic obligations, and their relationship with their children during cohabitation and, especially, in case of breakup. Unlike marriage, a de facto partnership does not have a predetermined legal economic regime. Without an agreement, in case of separation, each member retains only what is theirs, which can lead to unfair situations if one of the two has contributed more to the common assets.What should the regulatory agreement include?
- Economic regime: whether the assets acquired during cohabitation are individual to each or common to both.
- Use of the family home: who retains the use of the residence in case of breakup, especially if there are minor children.
- Contribution to common expenses: how the household expenses and child care are shared.
- Compensatory pension: if applicable, its amount and duration in case of economic imbalance after the breakup.
- Custody and maintenance regime: if there are children, how custody and support are organized.
- Causes of termination: what circumstances cause the dissolution of the de facto partnership.