14 September 2026
Drawing up maintenance arrangements; a good idea?
Is it worthwhile to record maintenance arrangements? In this article, I explain why it can be important to make clear arrangements on this issue.
Read more
In the context of divorce, the property has to be divided and/or (partly) settled on the basis of either a matrimonial community of property or a prenuptial agreement.
If you were married abroad, you may think that Dutch law will not apply to your divorce – but you may be in for a surprise. Learn more about when Dutch law applies to divorce.
If spouses have not had a notary draw up a prenuptial agreement, they are married in community of property. The community property seems clear enough: both spouses are entitled to half of all assets and are liable for half of all debts.
Yet there can be some catches. Has one of the spouses received an inheritance or a gift and is a so-called exclusion clause applicable? If that is the case, the inheritance or gift in principle remains outside the community property. Has one of the spouses received compensation for an accident? Then there is a chance that this compensation does not fall under the community property. The same applies to a severance payment.
GMW lawyers can assist you in determining the extent of the community property and the division thereof.
In many prenuptial agreements a “periodic transfer” clause is included with which spouses have agreed to divide the annual accrued income that is not spent on the costs of the household. Most couples, however, do not actually do this. This means that in case of a divorce, this will still need to be done. The legislator has determined that in that situation, in principle all property has to be divided. Rendering proof is, however, possible but what if one of the spouses has invested their own money in the property of the other spouse or in a communal property (such as the house)? Prenuptial agreements and their effects often lead to quite a few arguments in case of a divorce, often resulting in substantial negotiations.
Prenuptial agreements without a set-off clause (the so-called “exclusion clauses”) can also cause problems, such as is the case if one of the spouses invests in the property of the other spouse and this has to be reimbursed. This is called compensation rights.
Also “final settlement clauses” are common in prenuptial agreements. This entails that spouses agree to settle with each other as if they are married in community of property. The execution of such a clause can be complex. To ascertain whether a prenuptial agreement is still up to date, we recommend asking a lawyer to check the agreement.
GMW lawyers has a team of specialists in family law who can help you achieve the best possible division of property. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our family lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your legal divorce issues. Feel free to contact us if you have any legal questions.
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14 September 2026
Drawing up maintenance arrangements; a good idea?
Is it worthwhile to record maintenance arrangements? In this article, I explain why it can be important to make clear arrangements on this issue.
Read more
10 September 2026
Interest rate compensation when dividing the marital home after divorce
A divorce often involves difficult decisions. One of the most significant questions is what should happen to the jointly owned home.
Read more
26 August 2026
Divorce Day
On Friday 11 September 2026, it will be Divorce Day. This day was established by the Association of Family and Inheritance Lawyers Divorce Mediators (vFAS). On Divorce Day, you can visit us for free personal advice.
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20 August 2026
Does personal injury compensation remain private property in the event of divorce?
On 4 March 2025, the Arnhem-Leeuwarden Court of Appeal gave a judgment illustrating how complex the division of personal injury compensation can be in divorce proceedings.
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30 July 2026
How is maintenance for young adults determined in divorce proceedings?
How exactly are maintenance contributions for young adults determined in divorce proceedings? The Dutch Supreme Court provided clarification on this issue.
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6 July 2026
Deferring a claim for division of the home
Upon divorce or separation, the home may be allocated to either party. This is particularly the case where the property is jointly owned and the home is not sold.
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6 July 2026
How to get a prenuptial agreement in the Netherlands
Just like drawing up a will, in many countries it is normal to contact a lawyer (or solicitor) to draw up a prenuptial agreement.
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18 June 2026
The business in the event of divorce with a prenuptial agreement including a periodic set-off clause that has not been implemented
What about the set-off of the business’s value? In this article, we’ll explain various situations.
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10 June 2026
How should unequal contributions to a jointly owned pre-marital home be handled in the event of divorce?
On 21 March 2025, the Dutch Supreme Court clarified how unequal financial contributions to a home purchased jointly before marriage should be treated. Before the marriage, one partner may have a claim against the other because they contributed more to the purchase price. But what happens when the couple later marries under the regime of the limited community of property?
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