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Marriage Settlement Agreement for the Netherlands

Marriage Settlement Agreement Template for Netherlands

A Marriage Settlement Agreement under Dutch law is a legally binding document that establishes the property regime between spouses, either before or during marriage. Following the 2018 changes to Dutch matrimonial property law, this agreement becomes particularly crucial as it allows couples to modify the default limited community of property regime. The document covers various aspects including pre-marital assets, community property, pension rights, inheritance provisions, and financial arrangements during marriage. It must be executed before a Dutch civil law notary (notaris) to be legally valid and requires careful consideration of both Dutch national law and potentially international regulations if cross-border elements are involved.

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What is a Marriage Settlement Agreement?

The Marriage Settlement Agreement (Huwelijkse voorwaarden) is a crucial document in Dutch family law that enables couples to establish their preferred matrimonial property regime, either deviating from or modifying the statutory regime. Since January 2018, when the Netherlands changed from a universal community of property to a limited community of property system, these agreements have become increasingly important for asset protection and clarity in financial arrangements. The document is used both pre-marriage (prenuptial agreement) and during marriage (postnuptial agreement), requiring execution before a civil law notary. It typically includes comprehensive provisions for asset division, pension rights, business interests, inheritance treatment, and financial responsibilities during marriage. The agreement is particularly relevant for couples with substantial assets, business ownership, international connections, or specific needs regarding asset separation.

What sections should be included in a Marriage Settlement Agreement?

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Context of the marriage, including date of marriage and any relevant pre-existing circumstances

3. Definitions: Key terms used throughout the agreement

4. Property Regime Selection: Declaration of chosen property regime, whether complete separation or modified community of property

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

6. Community Property: Definition and handling of jointly acquired assets during marriage

7. Income and Earnings: Treatment of income, salaries, and business profits during marriage

8. Debts and Liabilities: Handling of existing and future debts, joint and individual liabilities

9. Pension Rights: Arrangements regarding pension rights and their potential future division

10. Inheritance and Gifts: Treatment of inherited assets and gifts received during marriage

11. Costs of Marriage: Agreement on sharing of household expenses and other marriage-related costs

12. Amendment Provisions: Procedures for modifying the agreement in the future

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

14. Execution: Signature requirements and notarial verification provisions

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

1. Business Assets: Required when either spouse owns a business, detailing how business assets and income are treated

2. International Assets: Necessary when couples own property in multiple countries or have international investments

3. Children's Provisions: Include when there are children from previous relationships or specific arrangements for future children

4. Intellectual Property Rights: Required for couples where one or both have significant intellectual property assets

5. Family Trust Interests: Include when either party has interests in family trusts

6. Agricultural Assets: Necessary for couples owning agricultural land or farming businesses

7. Future Inheritance Expectations: Include when there are specific expectations of substantial future inheritances

8. Currency Provisions: Required when couples have assets or income in multiple currencies

What schedules should be included in a Marriage Settlement Agreement?

1. Schedule A - Pre-marital Assets Inventory: Detailed list of all assets owned by each spouse before marriage

2. Schedule B - Joint Property Inventory: List of all property agreed to be held jointly

3. Schedule C - Excluded Assets: Specific assets explicitly excluded from community property

4. Schedule D - Debt Schedule: Comprehensive list of existing debts and liabilities

5. Schedule E - Pension Details: Information about pension schemes and agreed division

6. Schedule F - Business Assets: Detailed inventory of business assets and ownership structures

7. Appendix 1 - Property Valuations: Professional valuations of significant assets

8. Appendix 2 - Financial Disclosure Statements: Detailed financial disclosures from both parties

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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