Cohabitation Agreement and ANW Rights: What You Need to Know in Rotterdam
A cohabitation agreement can affect your right to an ANW benefit (General Surviving Dependants Act) after the death of your partner. In Rotterdam, discover how this agreement affects your claims and what legal steps you can take at the District Court of Rotterdam or the Legal Counter Rotterdam.
What is a cohabitation agreement?
A cohabitation agreement is an agreement between two unmarried partners who live together. It regulates financial arrangements, inheritance law, and maintenance obligations. In Rotterdam, you can have such an agreement drawn up by a notary to create clarity about rights during cohabitation, in case of separation, or death.
Since 1998, cohabitation without marriage has been legally recognized in the Netherlands. A contract is not mandatory, but prevents disputes over ownership of a house in Rotterdam, debt division, or separation arrangements.
Legal basis
Important laws for cohabitation agreements:
- Civil Code (CC), Book 7, Title 7.1: General rules for agreements such as cohabitation agreements.
- General Surviving Dependants Act (ANW): Determines benefit entitlement for cohabiting partners after death.
- Inheritance Law (CC, Book 4): Regulates succession; a contract has limited influence against statutory heirs.
The ANW (Act of 10 November 2004, Bulletin of Acts and Decrees 504) gives surviving dependants the right to a benefit in case of cohabitation and economic dependence. A cohabitation agreement helps provide evidence, but does not guarantee a benefit.
How does a cohabitation agreement affect your ANW rights?
The agreement affects ANW rights as follows:
1. Proof of cohabitation
For ANW, you must prove at least 1 year of cohabitation (or have a child). A contract serves as proof, useful in the absence of joint rental in Rotterdam or other documents.
2. Economic dependence
You must be economically dependent: your income at least 1 year lower than 75% of that of the deceased. The contract can record financial arrangements, but does not replace the statutory ANW.
Important: The contract does not determine ANW entitlement if the conditions are not met, but strengthens your case at the District Court of Rotterdam, Wilhelminaplein 100-125.
Practical examples in Rotterdam
Two situations in which the contract is crucial:
Example 1: No joint residence
Situation: 5 years of cohabitation without a joint address in Rotterdam, no shared account.
Problem: Difficulty proving for ANW.
Solution: Contract confirming cohabitation and dependence as evidence. Seek advice at Legal Counter Rotterdam, Westblaak 180.
Example 2: Economic dependence
Situation: Part-time work for family, income below 75% of partner's.
Problem: No contract or will.
Solution: Contract regulates benefit upon death; strengthens ANW application. Have it drawn up by a Rotterdam notary.
What to do in Rotterdam?
For questions about ANW or contracts: visit the Legal Counter Rotterdam, Westblaak 180 for free advice. For proceedings: District Court of Rotterdam, Wilhelminaplein 100-125. Consider a notary for tailored advice.