Cohabitation Agreement and ANW Rights in Westland: essential information
In Westland, a cohabitation agreement can play a role in your ANW benefit (General Surviving Dependants Act) after the death of your partner. Learn how this affects your rights and what steps you can take via local institutions such as the Juridisch Loket Westland.
What does a cohabitation agreement entail?
A cohabitation agreement is a legal agreement between unmarried cohabiting partners in the Netherlands. It regulates matters such as finances, property and possible maintenance. For residents of Westland, it provides clarity on rights during cohabitation, in case of separation or death.
Since 1998, cohabitation without marriage has been regulated in the Netherlands. The agreement is optional, but recommended to avoid disputes, for example over housing or debt division.
Legal frameworks
Relevant laws for cohabitation agreements in Westland, under the jurisdiction of the District Court of The Hague:
- Civil Code (BW), Book 7, Title 7.1: General rules for agreements, including cohabitation agreements.
- General Surviving Dependants Act (ANW): Determines benefit entitlement for surviving dependants, also for cohabitants.
- Inheritance law (BW, Book 4): Regulates succession; an agreement has limited impact against statutory heirs.
The ANW (Act of 10 November 2004, Bulletin of Acts and Decrees 504) requires cohabitation and economic dependence. A cohabitation agreement supports evidence, but does not guarantee a benefit.
Influence on ANW rights
In Westland, a cohabitation agreement affects ANW claims as follows:
1. Proof of cohabitation
You must prove at least 1 year of cohabitation (or have a child). The agreement serves as strong evidence, especially without a joint address.
2. Economic dependence
Your income must have been at least 1 year lower than 75% of that of the deceased. The agreement can record financial arrangements, but does not replace the statutory test.
Note: The agreement strengthens your case, but if you do not meet the ANW conditions, there is no entitlement. Consult the Juridisch Loket Westland for advice.
Practical examples in Westland
Two situations relevant for Westland residents:
Example 1: Without joint home
Situation: 5 years of cohabitation without joint address, no joint bank account.
Problem: Difficulty with ANW proof.
Solution: Agreement confirms cohabitation and dependence; recognised by District Court of The Hague.
Example 2: Dependent income
Situation: Part-time work for family, income < 75% of partner's.
Problem: No agreement or will.
Solution: Agreement with maintenance clause helps ANW application; contact Juridisch Loket Westland for drafting.
Action in Westland
Enter into a notarial cohabitation agreement. In case of disputes: District Court of The Hague. Free advice via Juridisch Loket Westland. Ensure proof such as joint accounts or witness statements.