When spouses want to deviate from legal matrimonial property law or want to be sure that the matrimonial property law of a particular country applies to their marriage, they should make prenuptial agreements. In these prenuptial agreements, spouses can agree on their assets and debts. In the Netherlands, this must be done by notarial deed.
If you both live in the Netherlands at the time of the marriage ceremony, Dutch matrimonial property law applies. From 1 January 2018, this means that you then marry in a limited community of property. As a basis, everything you had before you got married and everything inherited or gifted to you remains private. Everything else becomes common property. However, there are a few exceptions, e.g. a house of which you owned 30% and the other 70% suddenly becomes 50%-50% joint property. A claim from one to the other because more of their own money was used to buy a house is also lost for half.
Prenuptial agreements can stipulate that all or certain assets and debts remain private or become common. Agreements can also be made about, for example, the division of household expenses, or a settlement clause. With a settlement clause, you can agree that assets will still be shared after a certain period of time or in case of divorce or death.
You can make prenuptial agreements both before and during the marriage. Preparing prenuptial agreements before the marriage is entered into is preferable; all assets and debts will then not have become joint property. When they do, everything has to be divided and this often involves extra costs.
For more information on prenuptial agreements, please contact us. We will be happy to advise you.
