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Under Dutch law, a samenlevingscontract is a written agreement loosely translated as "cohabitation agreement". It has been compared to marriage, but merely governs the so-called property relationships between two or more persons who are cohabiting. It does not necessarily imply a marriage-like (or sexual) relationship exists, but the contract can include agreements about any children within the cohabitation arrangement.
The only two requirements set by Dutch law are that the contract needs to be a notarial deed (made by a Dutch civil-law notary) and that the couple must agree to take care of each other financially. [1]
Since the 1980s the contract has been popular among two different groups in Dutch society: people who wanted to formalise their relationship, but did not want to marry, and people who wanted to marry but could not legally do so. With the introduction first of registered partnerships (1998) and later the broadening of marriage to include same-sex couples (2001) in the Netherlands, the need for a cohabitation agreement for the latter has become less pronounced.
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion.
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage except child adoption and/or the title itself.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil or religious marriage.
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
Same-sex marriage in the Netherlands has been legal since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.
Same-sex marriage in Belgium has been legal since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. It entered into force on 1 June, after King Albert II gave his royal assent. Belgium became the second country in the world to legalise same-sex marriage, after the Netherlands. "Statutory cohabitation", open to any two legally consenting cohabiting persons, has been available since 1 January 2000.
A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal.
Same-sex marriages are not performed in Aruba, Curaçao, or Sint Maarten, which are constituent countries of the Kingdom of the Netherlands. The islands were obliged after several court rulings to register any marriage registered in the Kingdom, but this primarily considers residency rights and they do not have to give same-sex marriages the same legal effect as opposite-sex marriages. Marriage in the European territory of the Netherlands, as well as in the Caribbean municipalities of Bonaire, Sint Eustatius and Saba, is open to any two people irrespective of sex.
Nikah 'urfi is a "customary [marriage contract] that commonly requires a walī (guardian) and witnesses but not to be officially registered with state authorities. Couples repeat the words, "We got married" and pledge commitment, although there are many other informal ways in which people marry 'urfi. Usually a paper, stating that the two are married, is written and at least two witnesses sign it, although others may record their commitment on a cassette tape and use other forms of documentation. Most Arab countries do not recognize 'urfi marriages and do not allow partners to get a 'legal' divorce since the government does not recognize the legality of the marriage in the first place. Unlike regular marriages, most 'Urfi contracts are not publicised, are short-term in practice and do not require men to provide maintenance for the women. Sometimes these relationships are a way for people to have sexual relations within what is perceived to be a religiously licit framework. In many instances, 'Urfi marriages are contracted without the permission of the woman's male guardian (Wali) and the relationship is often kept secret from family members.
A cohabitation agreement is a form of legal agreement reached between a couple who have chosen to live together. In some ways, such a couple may be treated like a married couple, such as when applying for a mortgage or working out child support. However, in some other areas, such as property rights, pensions and inheritance, they are treated differently.
Marriage law refers to the legal requirements that determine the validity of a marriage, and which vary considerably among countries. See also Marriage Act.
Same-sex marriage in Sweden has been legal since 1 May 2009 following the adoption of a gender-neutral marriage law by the Riksdag on 1 April 2009. Sweden was the seventh country in the world to open marriage to same-sex couples nationwide. Existing registered partnerships remain in force and can be converted to a marriage if the partners so desire, either through a written application or through a formal ceremony. New registered partnerships are no longer able to be entered into and marriage is now the only legally recognized form of union for couples regardless of sex.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognise domestic common law marriage after the fact for limited purposes.
Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as "declaration of family relationship", offering limited legal rights. As of June 2021, the registry has been introduced in 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.
India does not recognise registered marriage or civil unions for same-sex couples, though same-sex couples can attain equal rights and benefits as a live-in couple as per a Supreme Court of India judgement in August 2022.
Cohabitation in the United States is loosely defined as two or more people, in an intimate relationship, who live together and share a common domestic life but are neither joined by marriage nor a civil union.
Unregistered cohabitation is a legal status given to same-sex or opposite-sex couples in certain jurisdictions. They may be similar to common-law marriages.
South African family law is concerned with those legal rules in South Africa which pertain to familial relationships. It may be defined as "that subdivision of material private law which researches, describes and regulates the origin, contents and dissolution of all legal relationships between: (i) husband and wife ; (ii) parents, guardians and children; and (iii) relatives related through blood and affinity."
"As far as family law is concerned, we in South Africa have it all. We have every kind of family; extended families, nuclear families, one-parent families, same-sex families, and in relation to each one of these there are controversy, difficulties and cases coming before the courts or due to come before the courts. This is the result of ancient history and recent history [...]. Our families are suffused with history, as family law is suffused with history, culture, belief and personality. For researchers it's a paradise, for judges a purgatory."
Palimony is the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term "palimony" is not a legal or historical term, but rather a colloquial portmanteau of the words pal and alimony. Nevertheless, numerous "secondary" legal sources refer to the term, and attempt to describe its influence and implications upon actual statute law.