Netherlands

1. Does your national regulation provide for the possibility of registering a partnership?

Yes.In the Netherlands partners can choose from two different forms of living arrangement that are regulated by law: they can (form 1) marry or (form 2) enter into a registered partnership. It is also possible to sign a cohabitation agreement, and of course to live together without signing any formal agreement.

1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?

As per 1998, January 1st registered partnerships are accepted (also same-sex partnerships), as is same-sex marriage (possible since 2001, April 1st, , the Netherlands being the first country in the world).

2. Is there a statutory property regime for partnerships whether registered or not?

Yes: There is a statutory property regime for registered partnerships. This regime has the same legal regime as marriage: prenuptial agreements can be agreed upon, agreements can be arranged or changed during marriage or registered partnership and in case of divorce (marriage)/separation (registered partnership) both (ex)partners have rights derived from the statutory property regime, stipulated in legislation (and (prenup) agreement). In case of a cohabitation agreement (not being a marriage or a registered partnership) the statutory property regime is different (‘common joint ownership’ instead of a ‘particular joint ownership’).

3. And are there any restrictions on the freedom to establish a property regime?

No. There are no restrictions, other then the common Dutch principles regarding restrictions to protect the public order, health or morals of for the protection of the rights and freedom of others.

4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?

Yes, registered partnership that is entered into abroad will be recognised in the Netherlands, provided it is governed by the same rules as those that apply to a registered partnership entered into in the Netherlands. A registered partnership, like a marriage, must be registered at the municipal population affairs office.

5. Does the dissolution of a non-marital partnership produce succession effects?

Yes. Like a marriage, a registered partnership and its dissolution of a registered partnership can produce succession effects.

   5.1 Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?

No: such a right cannot be registered in the Netherlands. In Article 88 of the 1st book of the Dutch Civil Code the need for approval of the other spouse (and the same goes for registered partners) is stipulated. This counts for specific legal transactions and legal actions, including
a) agreements with the purpose to alienate, encumber or give in use the residential space in which both spouses live together or in which the other spouse lives alone; agreements with the purpose to alienate, encumber or give in use things belonging to such a residential space or its household effects; juridical acts with the purpose to end the use of such a residential space or of the before meant things or household effects.

The passing of a co-owner (partner) will result in changing the actual status with regard to the person involved, based on the key register of persons, which is linked to the key register of Kadaster: the land register. The registrar will mention the date of decease in the land register so persons consulting the land register can see and draw the conclusion that the real estate will have to be divided between the heirs.