Private and family law

On 1 January 2018 the matrimonial property law changed. This new legal system will apply to all spouses who marry after this date and don’t make a prenuptial agreement.

New matrimonial property law since 1 January 2018

Legal regulation

On 1 January 2018 the matrimonial property law changed. This new legal system will apply to all spouses who marry after this date and don’t make a prenuptial agreement.
Community of property still applies to spouses. The difference now is that there is a limit on which property and debts of the spouses are part of the community of property.
What stays out of the community is:
* All property and goods the spouses had privately before marriage;
* Bequest and inheritance.
 Material goods the spouses owned before the marriage do belong to the community of property.
 
The above in simple terms means that in divorce (and death) only capital acquired during the marriage - excepting bequests and inheritance - and capital that they had together before their marriage actually has to be divided.

Administration

Spouses who marry within the new legal system are obliged to keep a good administration. It is very important that at the of the marriage it can be determined what property belongs privately to which spouse, and what is part of the community of property. If a spouse cannot prove that a specific item belongs to him/her privately, then this property will belong to the community of property. It is therefore wise to make a notarial deed prior to the marriage as to which property and which debts each spouse had before entering marriage. In this way it is clear with divorce (and death) which property and debts are outside of the community of property and don't have to be divided with the other spouse.

Drawing up a prenuptial agreement is still important

If the idea is that they actually do want to share all their property and debts if divorcing, then this needs to be arranged via a prenuptial agreement. The general community of property that was in place until 1 January 2018 applied where there was no prenuptial agreement, since 1 January 2018 this now needs to be recorded in a prenuptial agreement.

Tailor-made advice

It remains thus important to acquire good advice from your notary before your marriage and if necessary, to make a good prenuptial agreement. Every situation is different, and every situation requires a tailor-made arrangement.
The above also applies if you entered into a registered partnership on or after 1 January 2018.