A prenuptial agreement is made before two parties marry or formalise their cohabitation.
In such an arrangement, the couple may choose to make certain agreements about the division of their property.
In practice, parties often do not realise the consequences of their prenuptial or cohabitation agreement or of their partnership conditions. Not only because they did not sufficiently consider ending the marriage/relationship when making the arrangements, but also because – by developments in case law and legislation – agreements made may now have different consequences. Upon ending the marriage/relationship this may lead to unpleasant surprises with far-reaching financial implications.
An example: the “set-off clause” found in most prenuptial agreements often leads to complications. This set-off clause stipulates that the income that has not been used towards costs of the household must be distributed annually between spouses. Because annual settlement rarely occurs, at the end of a marriage it has to be divided as yet as available capital. However, courts adjudicate increasing amounts towards this saved income such as the assets (or parts thereof) of a company where one of the spouses is the owner. An entrepreneur rarely seems to be aware of this.
The opposite is that if no set-off clause is included in the prenuptial agreement, it is possible that the non-entrepreneurial partner is entitled to nothing if it comes to a divorce. That can be perceived as unjust, for example, if one partner has stopped working to care for the children.
Our family law experts can advise you at different stages; not only before the agreements are made, but also during and at the end of the marriage/relationship. GMW lawyers can examine the prenuptial or cohabitation agreement and indicate what the legal consequences would be in the event of a divorce or separation. If it appears that the effects of the prenuptial or cohabitation agreement are objectionable, then we can advise you on the possible steps that can be taken.
Do you have questions about prenuptial agreements or the implications of Dutch law on the division of your property? GMW lawyers will be happy to help you with all your legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048.
GMW lawyers will be happy to help you with all your family law and divorce issues. Please feel free to contact us if you have any legal questions.
"*" indicates required fields
18 September 2023
Substitute consent in order to relocate with your children to your country of origin (as an expat)
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
Read more about12 June 2023
Child and spousal maintenance indexation 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
Read more about17 May 2023
Joint custody on the basis of acknowledgement from 2023
In practice, a frequent question is whether the other parent also has custody. The answer to this question depends in part on when the acknowledgement took place.
Read more
Read more about19 April 2023
May you waive spousal support?
Can you agree to waive spousal maintenance before marriage?
Read more
Read more about27 February 2023
What are the benefits of mediation?
Some of our family lawyers also work as mediators. I am one of them. Mediation in family law cases is on the rise. Nevertheless, some ambiguities about mediation still exist.
Read more
Read more about8 February 2023
The main rule is the ‘first shot rule’
If you and/ or your partner want a divorce, and your circumstances are international, you should ensure that you are aware of your options.
Read more
Read more about23 January 2023
Spousal alimony in divorce proceedings in the Netherlands
Are you married and you are heading for divorce (or dissolution of registered partnership)?
Read more
Read more about4 January 2023
Deferring a claim for division of the home
Upon divorce or separation, the home may be allocated to either party. This happens particularly when there is joint ownership of a home and the home is not sold.
Read more
Read more about23 November 2022
Needs-based costs in child maintenance
When calculating child maintenance, the first step is to determine a child's needs.
Read more
Read more about