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Marriage Agreement Settlement for the Netherlands

Marriage Agreement Settlement Template for Netherlands

A Marriage Agreement Settlement under Dutch law (huwelijkse voorwaarden) is a legally binding contract between future spouses that establishes their property regime and financial arrangements during marriage and in case of its dissolution. This document, which must be executed before a Dutch civil law notary, deviates from the default matrimonial property regime in the Netherlands and can include provisions for asset separation, shared costs, financial responsibilities, and arrangements for potential future scenarios. The agreement must comply with Book 1 of the Dutch Civil Code and requires registration in the Marriage Settlements Register to be effective against third parties.

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Marriage Agreement Settlement

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What is a Marriage Agreement Settlement?

A Marriage Agreement Settlement is a crucial document for couples planning to marry in the Netherlands who wish to establish their own financial and property arrangements rather than defaulting to the statutory regime. Since 2018, the Netherlands has implemented a more limited form of community property as the default system, but many couples still opt for customized arrangements through a marriage agreement. This document typically includes detailed provisions about pre-marital assets, future acquisitions, business interests, inheritance rights, and household cost arrangements. It must be executed before marriage (or modified during marriage with court approval) and requires notarial execution and registration to be legally valid. The agreement is particularly important for couples with significant assets, business interests, international connections, or specific wishes regarding their financial independence.

What sections should be included in a Marriage Agreement Settlement?

1. Parties: Identification and details of both spouses-to-be

2. Background: Context of the agreement, including the intended marriage date and general intent of the parties

3. Definitions: Definition of key terms used throughout the agreement

4. Property Regime Selection: Clear statement of the chosen property regime (e.g., complete separation of property, limited community)

5. Pre-marital Assets: Declaration and treatment of assets owned before marriage

6. Future Assets: Treatment of assets acquired during marriage

7. Income and Earnings: Arrangements regarding income earned during marriage

8. Debts and Liabilities: Treatment of existing and future debts

9. Household Costs: Arrangements for sharing household expenses

10. Records and Administration: Requirements for maintaining financial records and proof of ownership

11. Termination Provisions: Arrangements in case of divorce or death

12. Governing Law: Confirmation of Dutch law application and jurisdiction

13. Execution Requirements: Formal requirements for the agreement to be valid under Dutch law

What sections are optional to include in a Marriage Agreement Settlement?

1. Business Assets: Specific arrangements for business ownership and future business interests - include when either party owns or plans to own a business

2. Inheritance and Gifts: Special provisions for inherited assets or gifts - include when significant inheritances are expected

3. Pension Rights: Arrangements regarding pension rights and retirement benefits - include when parties have significant pension arrangements

4. International Assets: Provisions for international property and assets - include when parties own or expect to own assets in multiple countries

5. Children's Provisions: Special arrangements for existing children or future children - include when relevant to the family situation

6. Cohabitation Period: Provisions regarding pre-marriage cohabitation period - include when parties lived together before marriage

7. Intellectual Property: Arrangements for intellectual property rights - include when either party has significant IP assets

8. Family Gifts or Loans: Treatment of family financial assistance - include when family financial support is expected

What schedules should be included in a Marriage Agreement Settlement?

1. Schedule A - Pre-marital Assets Register: Detailed inventory of assets owned by each party before marriage

2. Schedule B - Pre-marital Debts Register: Detailed inventory of debts owed by each party before marriage

3. Schedule C - Excluded Assets: List of specific assets excluded from any form of sharing or community

4. Schedule D - Household Inventory: List of significant household items and their ownership status

5. Schedule E - Business Assets: Detailed description of business interests and their treatment

6. Appendix 1 - Proof of Assets: Copies of relevant documentation proving ownership of listed assets

7. Appendix 2 - Financial Statements: Recent financial statements or accounts for significant assets

8. Appendix 3 - Property Valuations: Professional valuations of significant assets where relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Netherlands

Cost

Free to use
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