Have you found the love of your life? Are you planning to get married or have a registered partnership? Be wary that your marriage may affect the ownership of your assets. The same applies to a registered partnership.
Prevent any changes from occurring by having us create a prenuptial agreement or partnership agreement in which you set out which principles should apply to your property regime.
What is a prenuptial agreement?
In the Netherlands, a community of property will come into existence between spouses after the solemnization of their marriage. Principally, this community of property only includes property acquired after the marriage date or property which was jointly owned before this date. This statutory premise can be overruled by a prenuptial agreement.
A prenuptial agreement states the spouses’ desires concerning their financial relationship. Their prenuptial agreement may state:
• if there indeed should be a community of property between them;
• if so, which assets and debts their community of property should encapsulate;
• how they would like to jointly bear the costs of their household; and
• whether they would like to include a settlement clause.
How are prenuptial agreements made in the Netherlands?
You may think that prenuptial agreements are usually made by solicitors, lawyers or other legal experts. This is indeed the case in many countries around the globe. In the Netherlands, however, prenuptial agreements are prepared by a notary. Spouses or spouses-to-be request the notary to draw this document up after having discussed their preferences with the notary.
Your prenuptial agreement will only be valid after you have signed it in the presence of a notary. After signing, a certified copy of it will be registered at the marital property register of the Subdistrict Court of the Dutch municipality in which you are planning to solemnize your marriage. If the solemnization of your marriage took place abroad, the agreement will be registered in the register of the Subdistrict Court of The Hague.
Let us assist you in creating your prenuptial agreement
As an internationally oriented notary firm, Westport Notarissen possesses over years of experience in providing expat clients with advice on their prenuptial agreement. We take pride in the fact that we are able to prepare the prenuptial agreement for you in English. The appointment for the signing of the agreement could also take place in the English language, among other languages we can speak. We will not have to arrange a translator or an interpreter.
FAQ
Below, we have listed a few frequently asked questions by individuals who contact us.
1. Are foreign prenuptial agreements valid in the Netherlands?
Under the European and international regulations that also apply to the Netherlands, prenuptial agreements will be formally valid if they comply with either:
• the domestic law applicable to the marital property regime; or
• the domestic law of the place where the prenuptial agreement was concluded.
To be valid, the prenuptial agreement must principally be in writing, dated and signed by both spouses.
2. Why would you want to have a prenuptial agreement?
A prenuptial agreement would be needed to deviate from the marital property regime that would otherwise be applicable to you once you solemnize your marriage. To prevent this system from applying to you, it is necessary to regulate your marital property regime as desired by you in your prenuptial agreement.
3. Does the prenuptial agreement have to be in Dutch only?
The prenuptial agreement does not have to be in Dutch only. It could also be drawn up in the English language or any other language the spouses understand. However, as the prenuptial agreement will also have to be registered in the marital property register, it will also have to have a Dutch version. This means that a prenuptial agreement could be a bilingual document, meaning that it could contain a Dutch version as well as a non-Dutch version.
Arranging a meeting with Westport Notarissen
We would be happy to lend you a hand in all Dutch and international matters relating to your prenuptial agreement.
Please do not hesitate to contact us for more information on this topic and to schedule an exploratory appointment. During this appointment, we can precisely determine what is needed in your case to create the right prenuptial agreement for you.
AUTHOR: Joep Ertem LL.M.
Deputy civil law notary at Westport Notarissen
Rotterdam
He can be contacted at:
Tel: +31(0) 6 82 05 77 80
E-mail: j.ertem@westportnotarissen.nl
