Do you have wedding plans? Or are you already married or registered as a partner?

The law governing the rules of marriage or registered partnership changed on Jan. 1, 2018. Those who marry without first making prenuptial agreements will marry into the legal limited community of property.

So you don't automatically have prenuptial agreements. That is a big misunderstanding. If you want to protect each other (and therefore your family) against debts that arise during your marriage, then you must have a prenuptial agreement. Keep in mind that it is absolutely not only an entrepreneur who incurs debts during the marriage.

What are prenuptial agreements?

When you talk about prenuptial agreements, it means an agreement between (prospective) spouses in which they agree on the ground rules that apply to their marriage. For registered partners, this agreement is referred to as a "partnership agreement." Its legal effect is similar to that of prenuptial agreements. A prenuptial agreement establishes the right to property and income of both partners.

Don't make any arrangements? Then you marry in legal limited community of property.

When you make prenuptial agreements you deviate from the legal system. If you want a prenuptial agreement or a partnership agreement, you have to go to the notary. Together with the notary you discuss your wishes and possibilities. There are many. You may make almost any agreement you want. Marital conditions may only not be contrary to, as the law states, morals and public order. Also, prenuptial agreements may not conflict with mandatory legal provisions. For example, you may not agree that upon divorce there is no right to spousal support.

Prenuptial agreements are entered in the Court's Matrimonial Property Register after being signed by the notary. The marital property register is public. If you want to know if someone has a prenuptial agreement, you can find out. here check.

Thus, with prenuptial agreements you deviate from the law. Basically, you can fill them out however you want, as long as you don't go against any other legal rules. This is called "freedom of contract." For example, you cannot deviate from the rules of "family protection. You always need your partner's permission to sell the joint house or take out a mortgage loan on it. Also, you cannot evade your maintenance obligation to the other person.

What might be reasons to establish prenuptial agreements?

What might be a reason for you to get a prenuptial agreement? We'll give you a few:

1. You want to decide what you will or will not share with each other in the event of divorce

The law determines what you do and do not share in divorce. In a prenuptial agreement you determine that yourself and lay down what you do and do not share with each other.

2. You have savings sitting in the house

If either of you has spent (more) savings on the house you live in, he/she may want that money back in the event of divorce. So you document that in prenuptial agreements.

3. You have a business or want to start a business in the future

By making prenuptial agreements, you can protect your partner's assets from the business risks of your company. Prenuptial agreements are also interesting for self-employed people.

4. You live together now and want everything to stay the same financially

You "avoid" a community of property by making a prenuptial agreement. In it you agree that everything remains as much as possible the same as now (also called "cold exclusion").

5. You have been married before

If you do not want to contribute to the spousal support your partner has to pay, then you need a prenuptial agreement. A prenuptial agreement is also needed if your partner's divorce has not yet been (fully) settled.

6. You have debts

If you have debts, you can use prenuptial agreements to ensure that your partner will not suffer from them or will suffer less.

7. The composition of your family is different from the standard

With composite families or live-in parents (informal care), customization is necessary. In prenuptial agreements (and wills) you tailor the financial arrangements for your family.

8. You may be living abroad or marrying someone of another nationality

In prenuptial agreements you lay down which law applies to your marriage. You thereby avoid different marriage rules from different countries.

9. Upon divorce, you don't want a fight over whose stuff belongs to whom

In prenuptial agreements you can stipulate which items belong to whom. You reduce the chances of arguing in divorce.

10. You want to share everything with each other, even in the event of divorce

If you want to share everything together, even in the event of divorce, you need prenuptial agreements. For example, you can agree to have full community of property (the "old-fashioned" community of property from before Jan. 1, 2018). Of course, you have to realize the possible consequences of that.

The video below will give you further information:

Checklist for (prospective) spouses

When drawing up prenuptial agreements, you can decide - in consultation with the notary - what you want to make agreements about. Of course, you must know what you can make agreements about. In any case, attention should be paid to the following components:

• Agreements on whether or not to share assets at the time of marriage
• Agreements on sharing or not sharing (future) gifts and inheritances
• Agreements on sharing or not sharing income
• Agreements on sharing household expenses
• Agreements on compensation for the non-working partner (who has taken care of the children, for example, and therefore cannot work)
• Agreements about a business of one of you, securing it and possibly sharing value in case of divorce
• Arrangements for possible limitation of income offsetting for business losses and/or offsetting business losses before offsetting takes place
• Home arrangements and financing
• Determination of life insurance premium liability and payment of premiums
• Divorce settlement agreements (what is shared and what is not)
• Agreements on whether or not to share pension rights in divorce
• Assessment of consequences in case of death of either of you spouses

Want to know more or have any questions ? Please contact us.

We are happy to help.