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.
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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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.
Read more
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.
Read more
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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7 May 2026
Waiving spousal maintenance by email: is that possible?
Can someone waive spousal maintenance through a simple email? This exact question arose in proceedings before the Rotterdam District Court. The case demonstrates that changes to maintenance arrangements must be handled with care.
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11 March 2026
How can you prevent an inheritance from ending up with your child’s partner?
When drawing up a will, consideration is given to how the inheritance will be distributed. This is recorded in the will. A possible wish is to ensure that your future inheritance does not end up with your child’s partner.
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5 March 2026
Marriage declared invalid due to use of ChatGPT during the ceremony
On 5 January 2026, the Court of Overijssel declared a marriage null and void because the speech delivered during the marriage ceremony did not comply with the requirements of the Dutch Civil Code (ECLI:NL:RBOVE:2026:23). Notably, the speech had been prepared with the assistance of ChatGPT.
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16 February 2026
Check your prenuptial agreement
Before or during marriage, spouses often enter into a prenuptial agreement. In this article, we focus specifically on prenuptial agreements that were concluded many years ago.
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