Prenuptial agreement

Will you marry in community of property or do you wish to preclude any claim by one spouse on assets accrued by the other spouse during the marriage? These are the two extremes from which you may choose. In case you do not lay down anything, you marry in community of property. If you opt for a prenuptial agreement with the preclusion of any claim by one spouse on assets accrued by the other spouse during the marriage, all your assets will be separate property during the marriage. Civil-law notary Houtepen will be happy to explain to you what types of prenuptial agreement are possible in order that you will choose the right agreement for your situation.

Why enter into a prenuptial agreement?
When you plan to marry, it is all about the romance. You do not want to think about the future too much, and especially not about what will happen ‘if things go wrong’. Even so you should, as this is important for you and your loved ones. If you choose to draw up a prenuptial agreement, you may deviate from the ‘standard’ statutory regulations. This may be advantageous in case you own your own company and you do not wish the company assets to be a part of the community of property. This also applies to debts, and anything you may have inherited from your parents and anything they may have gifted to you. Notaris Houtepen will help you to come to sound agreements, also in case things go wrong.

All or nothing?
A prenuptial agreement allows you to set down what is best in your situation. You may opt for each partner to keep his and her own assets, or for all assets to be common property after your marriage. There are many other possibilities to choose from. You may, for instance, decide that all household goods are common property, apart from that unique heirloom. You may also decide to keep the proceeds from the sale of the house that you owned outside of the community of property. In case you own a company it is especially important to consider what you will and will not share.

Prenuptial agreement at Notaris Houtepen
A prenuptial agreement allows you to decide on certain agreements during your marriage, as well as after your marriage. Spouses are legally obliged to provide for one another, also after the relationship has ended. In case the marriage ends you will have to deal with important matters, such as maintenance, pension payments and inheriting. It is important to include this in the discussion on the prenuptial agreement. Is a prenuptial agreement advisable in your situation? Make an appointment for an informal talk at Notaris Houtepen.