Cohabitation Agreement and ANW Rights in Delft: essence and tips
A cohabitation agreement may affect your ANW benefit (General Surviving Dependants Act) upon the death of your partner. Learn how this works in Delft and what steps you can take at the District Court of The Hague or the Juridisch Loket Delft.
What does a cohabitation agreement entail?
A cohabitation agreement is a notarial or private agreement for unmarried cohabitants. It addresses themes such as finances, property and possible maintenance. In Delft, under the jurisdiction of the District Court of The Hague, it provides clarity on rights in cohabitation, breakup or death.
Since 1998, cohabitation without marriage has been common in the Netherlands. The agreement is optional, but prevents disputes over housing, debts or division upon separation. In Delft, you can go to notaries for drafting.
Legal frameworks
Relevant legislation for cohabitation agreements:
- Civil Code (BW), Book 7, Title 7.1: basis for agreements such as cohabitation agreements.
- General Surviving Dependants Act (ANW): criteria for benefit after partner's death, also for cohabitants.
- Inheritance Law (BW, Book 4): inheritance rules; agreements supplement but do not override statutory heirs.
The ANW (Act of 10 November 2004, Bulletin of Acts and Decrees 504) requires cohabitation and economic dependence. An agreement supports evidence, but does not guarantee a benefit.
Influence of cohabitation agreement on ANW rights
The agreement affects ANW claims in this way:
1. Proof of cohabitation
ANW requires at least 1 year of cohabitation (or common child). Without a joint address, an agreement helps as evidence, useful in Delft rental or home ownership situations.
2. Economic dependence
Your income must have been at least 1 year below 75% of that of the partner. The agreement can record arrangements on assets or payments, but does not replace the ANW. Crucial: Comply with the law; the agreement only strengthens.
Practice cases in Delft
Two examples relevant for Delft residents:
Example 1: Without common home
Case: 5 years cohabitation without joint address, bank or mail.
Issue: Difficult ANW proof.
Fix: Agreement with cohabitation and dependence declaration, recognised by the District Court of The Hague.
Example 2: Dependent income situation
Case: Part-time work due to care task, income <75% partner.
Issue: No agreement/will.
Fix: Notarial agreement with maintenance or benefit clause. Consult Juridisch Loket Delft for free advice or drafting.
Action in Delft
Conclude an agreement with a Delft notary. In case of dispute: District Court of The Hague, Delft location. For low income: Juridisch Loket Delft (Burg. s'Jacobstraat 12). Test your ANW chance via UWV.