international family law
In the Netherlands, couples have the legal option to enter into a prenuptial agreement either at the time of marriage or during the course of the marriage. If the agreement is made after the marriage has already been concluded, it requires the approval of the court. This flexibility allows couples to reconsider and adjust their financial arrangements at any point in their marital relationship.
Dutch law provides three specific models for structuring property arrangements, as outlined in the civil code. However, couples are not limited to these models. They may also choose to tailor their financial and property relations according to their own preferences, provided they stay within certain legal boundaries. This ability to customize makes the prenuptial agreement a valuable tool for financial planning and personal autonomy within marriage.
To be legally valid, a prenuptial agreement in the Netherlands must be drawn up in the form of a notarial deed. Additionally, the agreement must be registered in the matrimonial property register.
The civil law notary plays a critical role in this process. The notary has an affirmative duty to inform both parties about the nature of the agreement, its content, and the potential legal and financial consequences. Failure to fulfill this duty may lead to disciplinary sanctions or claims for compensatory damages, emphasizing the importance of transparency and professional responsibility.
The Netherlands is a signatory to the Hague Convention on the Law Applicable to Matrimonial Property Regimes, which specifically authorizes and recognizes prenuptial agreements. This international legal framework provides additional legitimacy and guidance in cross-border situations involving marital property.
Under Dutch law, marriage by default results in an absolute community of property regime. This means that, unless a prenuptial agreement is in place, all property—whether acquired before or after the marriage—automatically becomes jointly owned by both spouses. This includes personal assets, inheritances, and even debts.
For this reason, many couples in the Netherlands find it essential to establish a prenuptial agreement. One common provision in such agreements is that each spouse will retain individual ownership of their assets, with the exception of the marital home and its furnishings, which are typically designated as jointly owned.
Before signing a prenuptial agreement, both parties are legally required to fully disclose their financial situation, including all assets and liabilities. This ensures that both individuals can make informed decisions and that the agreement is based on mutual trust and fairness.