Key facts
about marriage
Deciding to get married is a major decision in life and one that has significant personal and business implications. Have you thought about what marriage will mean in terms of your assets and debts?
Find out the facts
It’s a good idea to decide which assets and debts will belong to the two of you jointly and which will remain personal before you say ‘I do’. And thinking about what should happen if one of you were to die is also sensible. Many situations are provided for by Dutch law. But the statutory regulations may not correspond with what you want. That’s why it’s wise to get good advice and put your wishes down on paper. A civil-law notary is crucial to this process.
Marriage or a civil partnership
You can formally affirm the bond you have with your other half by entering into a civil partnership. In legal terms, this is very similar to a marriage. In both cases, community of property is automatic under Dutch law: on entering into the marriage or civil partnership, many assets and debts belong to you both jointly. If one partner dies, half of all their assets and debts automatically become the surviving partner’s, with the other half becoming the deceased partner’s estate. If you decide to divorce, your joint assets must be divided up equally.
Prenuptial, post-nuptial or partnership agreement
When you marry, you can opt for a full community of property, but you can also decide to limit your community of property or exclude any community of property. By drawing up a pre- or post-nuptial agreement, you can agree together which assets (such as a house or an inheritance) and which debts will belong to you jointly and which won’t. You can make agreements about:
- The home you own
- Your income
- What happens if you divorce
- What happens if one of you dies
In principle, you enter into a marriage or partnership for life. It’s therefore important to give the different options (a community of property, nuptial agreement or partnership agreement) proper consideration. Talk to one of the advisers at Schäfer Notarissen in either Nuenen or Eindhoven. We can provide you with comprehensive information, taking your particular situation and wishes into account. After all, we’re here for you!
If you opt for a pre- or post-nuptial or partnership agreement, we’ll send you a draft that you can make as many amends to as you like so that the finalised version fully reflects your preferences. We’ll then make an appointment with you for the signing of the deed in the presence of one of our civil-law notaries. This is an important step, as any nuptial or partnership agreements not drawn up by a civil-law notary have no legal value!
We recommend preparing the agreement before entering into a marriage or civil partnership. At that point, all assets and debts still belong to each of the partners separately. This makes the wording of the conditions in legal terms much simpler and easier to understand.
Matrimonial property register
The civil-law notary will enter your pre- or post-nuptial agreement or partnership agreement in the court’s matrimonial property register. This is a public register, which means that any creditors can see the conditions under which you entered into your marriage or civil partnership. You and your partner each receive a copy of the deed. The original is always kept in the safe at the Schäfer Notarissen office.
Ready to take the plunge? Get things sorted. Schäfer Notarissen – we’re here for you.
