Cohabitation Agreement and ANW Rights in Utrecht: important information
In Utrecht, a cohabitation agreement can be crucial for your ANW benefit (General Surviving Dependants Act) after the death of your partner. Learn how this affects your rights and where to go at the District Court Midden-Nederland or the Juridisch Loket Utrecht.
What does a cohabitation agreement entail?
A cohabitation agreement is a notarial or private agreement between unmarried cohabitants. It regulates agreements on finances, property, inheritance law, and maintenance. In Utrecht, you can go to a notary to draw up such a contract, which provides clarity in case of separation or death.
Since 1998, Dutch law has allowed space for cohabitation without marriage. Although not mandatory, a contract prevents disputes, for example, over the mortgage on a home in Utrecht or the division of possessions.
Legal frameworks
Relevant legislation for Utrecht includes:
- Civil Code Book 7, Title 7.1: General rules for agreements such as cohabitation agreements.
- General Surviving Dependants Act (ANW): Determines benefit rights for surviving dependants, including cohabitants.
- Inheritance law (Civil Code Book 4): Regulates succession; a contract can be supplementary but not to the detriment of statutory heirs.
The ANW (Act of 10 November 2004) requires demonstrable cohabitation and economic dependence. A contract from Utrecht supports evidence, but does not guarantee a benefit.
Influence on ANW rights
A cohabitation agreement affects ANW claims as follows:
1. Proving cohabitation
You must have lived together for at least 1 year (or have a child). Without a joint address in Utrecht, a contract helps as evidence, for example at the District Court Midden-Nederland, Vrouwe Justitiaplein 1.
2. Economic dependence
Your income must have been at least 1 year lower than 75% of that of the deceased. A contract can record agreements on income or assets, but does not replace the statutory test. Consult the Juridisch Loket Utrecht, Catharijnesingel 55 for advice.
Note: The contract strengthens your case, but if you do not meet the ANW conditions, no benefit will follow.
Practical examples in Utrecht
Two situations:
Example 1: Cohabitation without joint address
Situation: 5 years cohabitation in Utrecht, but separate addresses and no joint account.
Problem: Difficulty proving for ANW.
Solution: Notarial cohabitation agreement as strong evidence.
Example 2: Part-time work and family
Situation: You work part-time for the family, income <75% of partner.
Problem: No contract or will.
Solution: Contract with maintenance clause helps with ANW application; visit Juridisch Loket Utrecht for free assistance.
Action in Utrecht
Conclude a contract with a local notary. In case of disputes: District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht. For low income: Juridisch Loket Utrecht, Catharijnesingel 55. This way you maximize your ANW chances.