Cohabitation Agreement and ANW Rights: What You Need to Know in Tilburg
A cohabitation agreement may affect your entitlement to an ANW benefit (General Survivors Act) after the death of your partner. Learn how this works in Tilburg and what legal steps you can take.
What is a cohabitation agreement?
A cohabitation agreement is an agreement for unmarried cohabiting partners. It regulates matters such as finances, inheritance law, and possible alimony. This creates clarity regarding rights and obligations during cohabitation, in the event of separation or death.
Since 1998, the Netherlands has recognized cohabitation without marriage. A contract is optional, but often prevents disputes, for example, regarding ownership of a home, division of debts, or upon a breakup.
Legal frameworks
Important laws for cohabitation agreements:
- Civil Code (CC), Book 7, Title 7.1: general rules for agreements, including cohabitation agreements.
- General Survivors Act (ANW): determines benefit entitlement after death for cohabiting partners.
- Inheritance law (CC, Book 4): regulates succession; a contract has limited impact against statutory heirs.
The ANW (Act of 10 November 2004, Bulletin of Acts and Decrees 504) provides survivors with a benefit in cases of cohabitation and economic dependence. A contract helps provide evidence, but does not guarantee a benefit.
Influence of cohabitation agreement on ANW rights
The contract plays a role in ANW claims in various ways:
1. Proof of cohabitation
For ANW, you must prove at least 1 year of cohabitation (or have a child). A contract serves as strong evidence, especially without a joint address or other documents.
2. Economic dependence
You must be economically dependent: your income at least 1 year before death lower than 75% of that of the deceased. A contract can regulate asset division or payments, but does not replace the ANW.
Note: The contract cannot circumvent statutory ANW conditions, but does strengthen your case.
Practical examples
Two situations relevant for Tilburg:
Example 1: No joint home
Situation: 5 years of cohabitation without a joint home, bank account, or evidence.
Problem: Difficulty proving cohabitation for ANW.
Solution: Contract confirming cohabitation and financial ties helps with UWV.
Example 2: Part-time work and family
Situation: Cohabitation, you work part-time for the family, income below 75% of partner's.
Problem: Dependence is met, but no contract or will.
Solution: Notarial cohabitation agreement in Tilburg provides extra protection.
Action in Tilburg
Enter into a contract with a notary in Tilburg. In case of problems: District Court Zeeland-West-Brabant, Wilhelminapark 100 or Legal Aid Office Tilburg, Spoorlaan 364 for free advice.