Cohabitation Agreement and ANW Rights in Amsterdam: Essentials for Cohabiting Partners
In Amsterdam, a cohabitation agreement can be crucial for your ANW benefit (General Surviving Dependants Act) upon the death of your partner. Learn how this affects your rights and what steps you can take at the Amsterdam District Court or the Amsterdam Legal Aid Office.
What Does a Cohabitation Agreement Entail for Amsterdam Residents?
A cohabitation agreement is a notarial or written agreement between unmarried partners who cohabit in Amsterdam. It regulates matters such as finances, ownership of a home (often relevant in the expensive Amsterdam housing market), inheritance law, and maintenance contributions. This provides clarity during cohabitation, upon breakup, or death.
Since 1998, the Netherlands has recognized cohabitation without marriage. In Amsterdam, with many cohabiting couples, such an agreement is popular to avoid disputes over rental properties or purchased homes. It can, for example, specify who pays the mortgage or how household contents are divided.
Legal Frameworks in Amsterdam
Key laws for cohabitation agreements and ANW in Amsterdam:
- Civil Code (BW), Book 7, Title 7.1: General rules for agreements, including cohabitation agreements, applicable at the Amsterdam District Court (Parnassusweg 220).
- General Surviving Dependants Act (ANW): Regulates survivors' benefits for cohabiting partners, assessed by the Employee Insurance Agency (UWV) with local evidence from Amsterdam.
- Inheritance Law (BW, Book 4): Affects succession; an agreement strengthens your claim, but statutory heirs take precedence.
The ANW (Act of 10 November 2004, Bulletin of Acts and Decrees 504) requires demonstrable cohabitation and economic dependency. In Amsterdam, an agreement helps with proof, especially in mixed neighbourhoods, but does not guarantee a benefit.
Influence of Cohabitation Agreement on ANW Rights in Amsterdam
Such an agreement strengthens your ANW position in these ways:
1. Proof of Durable Cohabitation
ANW requires at least 1 year of cohabitation (or a common child). In Amsterdam, where many couples live flexibly, an agreement serves as strong evidence, especially without a joint address or bank accounts.
2. Demonstration of Economic Dependency
You must have had an income for 1 year prior to death that was below 75% of your partner's. An agreement can record arrangements on income or assets, supporting your claim with the Employee Insurance Agency (UWV) – consult the Amsterdam Legal Aid Office (Vijzelstraat 77) for advice.
Note: The agreement cannot create ANW rights if the statutory requirements are not met, but it can strengthen your case at the Amsterdam District Court.
Practical Examples from Amsterdam
Two typical Amsterdam scenarios:
Example 1: Cohabitation without Joint Address
Situation: You have lived together for 5 years in an Amsterdam rental property in one partner's name, without a joint account.
Problem: Difficulty proving cohabitation for ANW.
Solution: A cohabitation agreement confirms the relationship and dependency, recognized by the Amsterdam District Court.
Example 2: Part-Time Work and Family in Amsterdam
Situation: You work part-time due to caregiving duties, income below 75% of partner's.
Problem: No agreement or will, ANW at risk.
Solution: Agreement regulates financial arrangements; visit the Amsterdam Legal Aid Office for drafting and ANW application.