18 July 2011
A reform of the matrimonial regime of general community property, takes effect on 1 January 2012.
This marks the end of a long debate, engaging all levels of the political spectrum, on what needed to be changed in the existing system and to what extent.
In this web log I’ll give some general information, in my 2 following web logs I’ll elaborate on the consequences for divorcing couples.
At present, couples married without any prenuptial agreement are automatically married under the regime of general community property. This means that all property and debts are equally shared between the spouses, including assets obtained previous to the marriage, inheritances and gifts that are not specifically covered by an exemption clause. In doing so, The Netherlands stands truly unique in the world; in Germany, the default system is the so-called “Zugewinngemeinschaft”, in France, it is the ’Communauté réduite aux acquêts’ – both of which are matrimonial regimes limiting the jointly owned property to all that was acquired during the marriage.
The initial legislative proposal was meant to reform the existing situation, bringing it in line with the legislations of neighbouring countries. It advocated a limited community of goods and property, excluding property acquired before the marriage, inheritances and gifts. Admittedly, this is quite different from the legislator’s current intention.
The general community of property and goods holds good, also after 1 January 2012. Whilst the content remains unaffected, some provisions will change.
11 October 2023
Parents often approach me when they are at a complete loss as to how to work things out together. They have already talked and argued a lot.Read more
18 September 2023
As a divorce lawyer, I regularly receive questions from expats during or after their divorce about their desire to move back to their country of origin together with their children.Read more
12 June 2023
Every year, child and spousal maintenance is increased by the annual indexation. Today, I will explain more about the indexation of child and spousal maintenance in 2023.Read more