Prenuptial and postnuptial agreements

If spouses wish to make agreements which differ from the provisions of matrimonial property law, or want to ensure that their marriage is governed by the law of a particular country, they should enter into a prenuptial or postnuptial agreement. In the Netherlands, this must be in the form of a notarial deed.

If both partners are resident in the Netherlands at the time of their marriage, Dutch matrimonial property law will apply. This means that the community property regime applies. In case the marriage was entered into after December 31st, 2017, this only includes property acquired after the marriage was solemnized or property which was jointly owned before the marriage was solemnized.

A prenuptial agreement can override the statutory provisions and determine that some or all assets and liabilities remain the separate property or responsibility of each spouse. It can also include agreements with regard to the division of household costs and can include a settlement clause. In a settlement clause the spouses can agree that assets are shared nevertheless after a certain period, in the event of a divorce or on the death of either of them.  

As the term suggests, a prenuptial agreement is entered into before you marry and a postnuptial agreement is entered into at a later date. The prenuptial agreement is preferable because it is concluded before the community property regime comes into effect. A postnuptial agreement calls for all property to be divided, which is likely to entail additional costs.

Please contact us for further information about prenuptial or postnuptial agreements. We shall be pleased to offer advice.