The moment you get married, you promise to share joys and sorrows with each other. Dutch law before 1 January 2018, in marriages, had the principle that you also share all possessions and debts. This is regulated by matrimonial property law. If this Dutch matrimonial property law applied and you did not arrange anything else then you married in a general community of property. For marriages after 1 January 2018, the starting point is a limited community of property. If this new system applies and you arrange then everything you had before your wedding day remains private. This also applies to everything you inherited or gifted. Everything else becomes common property.
Prenuptial agreement
If you do not think this is desirable, you can make prenuptial agreements prior to the marriage. With prenuptial agreements, you can deviate from the legal system to a greater or lesser extent. For example, it is possible to use prenuptial agreements to ensure that a house of which you are, say, 10%-90% owner, suddenly becomes 50%-50% joint property after marriage. You can also save tax through prenuptial agreements in a number of cases. Entrepreneurs Entrepreneurs who get married often choose to make prenuptial agreements. After 1 January 2018, this way you can prevent the other spouse from having a large claim on the value of the business. Even if you are already married in (limited) community of property, it is still possible to make prenuptial agreements. Depending on the prenuptial agreement and the wishes, it is then necessary in many cases to divide everything that is jointly owned. Only after a division is it clear who owns what.
The law contains many regulations for married partners. These regulations apply to all spouses, i.e. regardless of whether you are married in (a limited) community of property or have made prenuptial agreements. For example, the law provides that married couples are automatically each other's heirs, and that their children are entitled to their inheritance share, but only receive it after the surviving spouse dies. Spouses can deviate from this legal arrangement by making a will. If a child is born during the marriage, both parents are automatically the child's legal parents and both have custody of their child.
Divorce
If spouses want to divorce, they must arrange this through the courts together with a notary or lawyer. Spouses who want to divorce and have joint children are additionally required to draw up a parenting plan. For more information on the consequences of a marriage, the possibilities to deviate from it and divorce through a notary, please contact us. We will be happy to advise you.
