Cohabitation Agreement and ANW Rights: What You Need to Know in Leiden
A cohabitation agreement can affect your right to an ANW benefit (General Surviving Dependants Act) after the death of your partner. In Leiden, discover how this agreement affects your claims and what you can legally do at the District Court of The Hague, Leiden Location or the Juridisch Loket Leiden (Stationsweg 46).
What is a cohabitation agreement?
A cohabitation agreement is an agreement between two unmarried partners who live together. It regulates matters such as finances, inheritance law and maintenance obligations. In Leiden, you can have this drawn up by a notary to create clarity about rights and obligations during cohabitation, in case of separation or death.
Since 1998, cohabitation without marriage has been legally recognised in the Netherlands. A contract is not mandatory, but prevents conflicts, for example over ownership of a home in Leiden, debt division or what happens in case of a breakup.
Legal basis
Important laws for cohabitation agreements:
- Civil Code (BW), Book 7, Title 7.1: general rules for agreements, including cohabitation agreements.
- General Surviving Dependants Act (ANW): determines benefit rights for cohabiting partners after death.
- Inheritance Law (BW, 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 with proof, but does not guarantee a benefit.
How does a cohabitation agreement affect your ANW rights?
The agreement affects ANW rights in these ways:
1. Proof of cohabitation
For ANW, you must prove at least 1 year of cohabitation (or have a child). A contract serves as proof, especially without a joint home or other documents in Leiden.
2. Economic dependence
You must be economically dependent: your income must have been at least 1 year lower than 75% of that of the deceased. A contract can record financial arrangements, but does not replace the statutory ANW.
Important: The contract cannot force ANW rights if the conditions are not met, but strengthens your case at the District Court of The Hague, Leiden Location.
Practical examples in Leiden
Two situations where a contract is crucial:
Example 1: No joint home
Situation: 5 years of cohabitation without a joint home, bank account or proof.
Problem: Difficulty proving cohabitation for ANW.
Solution: Contract confirming cohabitation and dependence, recognised by the Juridisch Loket Leiden, Stationsweg 46.
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 or assets upon death; consult the District Court of The Hague, Leiden Location for legal steps.
What to do in Leiden?
Visit the Juridisch Loket Leiden (Stationsweg 46) for free advice or the District Court of The Hague, Leiden Location for proceedings. Consider a notary for your contract.