Cohabitation Agreement and ANW Rights in The Hague: Essential Information
In The Hague, a cohabitation agreement can be crucial for your ANW benefit (General Surviving Dependants Act) after the death of your partner. Learn how this legal document affects your rights and where to go in The Hague for help.
What is a cohabitation agreement?
A cohabitation agreement is a notarial or private agreement between unmarried cohabiting partners. It regulates agreements on finances, property, inheritance law, and maintenance obligations. This prevents disputes over joint possessions, such as a home in The Hague, or the division of debts in the event of separation or death.
Since 1998, Dutch law has provided scope for cohabitation without marriage. A contract is not mandatory, but recommended, especially in a city like The Hague where many couples cohabit. It can, for example, specify who pays the mortgage or what happens to the household effects.
Legal frameworks in the Netherlands
Relevant legislation for cohabitation agreements and ANW:
- Civil Code Book 7, Title 7.1: General rules for agreements, including cohabitation agreements.
- General Surviving Dependants Act (ANW): Determines benefit rights for surviving dependants, including cohabitants.
- Inheritance law (Civil Code Book 4): Regulates succession; a contract can be supplementary, but statutory heirs take precedence.
The ANW (Act of 10 November 2004) requires demonstrable cohabitation and economic dependence. A cohabitation agreement supports evidence, but does not guarantee a benefit.
Impact of cohabitation agreement on ANW in The Hague
The agreement affects your ANW claim as follows:
1. Proving cohabitation
You must have cohabited for at least 1 year (or have a child). Without a joint address, an agreement helps as evidence, useful in proceedings at the District Court of The Hague, Prins Clauslaan 60.
2. Proof of economic dependence
Your income must have been at least 1 year lower than 75% of that of the deceased. The agreement can record arrangements on financial dependence, but does not replace the statutory test.
Note: The agreement strengthens your case, but if you do not meet the ANW conditions, it will not help. Consult the Juridisch Loket The Hague, Lutherse Burgwal 10 for free advice.
Practical examples from The Hague
Two typical cases:
Example 1: Cohabitation without joint address
Case: 5 years cohabitation in The Hague, but separate addresses and no joint account.
Challenge: Proof of cohabitation lacking for ANW application.
Solution: Cohabitation agreement as legal proof of interdependence.
Example 2: Part-time work and family
Case: You work part-time due to childcare; income < 75% of partner's.
Challenge: No will or agreement, risk of ANW rejection.
Solution: Agreement with arrangements on financial support in the event of death, plus visit to a notary in The Hague.
Action in The Hague
Step-by-step plan:
- Enter into a cohabitation agreement with a notary.
- Document joint accounts and address proof.
- In the event of death: Submit ANW application to UWV and engage Juridisch Loket The Hague in case of objection.
- For disputes: District Court of The Hague, Prins Clauslaan 60.