Cohabitation and marriage

In the Netherlands you get married in limited community of property, unless you draw up a prenuptial agreement with the civil-law notary. This also applies to a registered partnership.

Community of property applies to all assets of both spouses after the marriage or registered partnership. This includes assets as well as debts. Gifts and inheritance sometimes fall outside the community of property. The giver or the testator can determine this in his gift or in his last will. All assets and debts gained before the marriage or registered partnership are your own.

Do you want to deviate from the general limited community of property? Then have a prenuptial agreement drawn up before you get married. This agreement offers the opportunity for a wide variety of arrangements under property law.

Possible reasons for drawing up a prenuptial agreement:

• Keeping the assets of both spouses-to-be separate;
• Keeping gifts and inheritance already received or to be received separate;
• A business on the name of one of the spouses-to-be or a second marriage.

You could still draw up a prenuptial agreement. You could also cancel the existing prenuptial agreement, and be married in limited community of property as yet. It would also be possible to change the contents of the prenuptial agreement. For all these changes, both spouses have to agree and cooperate.

Also, if there is a change from limited community of property to a prenuptial agreement, both spouses have to sign a statement to the effect that the prenuptial agreement will not have a negative effect on the creditors of the limited community of property. This statement shall preferably have to be drawn up by an accountant.

We at Marks Wachters notarissen are fully informed on the latest developments in family law and can help you draw up the required deeds. If you would like to receive more information or if you have any questions, please contact us.

Without a marriage or a registered partnership, there is no fall back arrangement for both partners living together. In principle, partners are not entitled to the income or the assets of the other partner if one of them dies. There is no legislation in place for this situation.

Do you intend to live together? Are you already living together? In case you have not made any arrangements in writing, a cohabitation agreement could be useful. We can inform you in detail on the various aspects of such an agreement in an introductory meeting, taking into account your individual situation. If you wish, we can also address the consequences with regard to inheritance and taxes when you live together.