Prenuptial agreement

In a prenuptial agreement you can document which assets and debts will be owned by who after the marriage is concluded. It’s up to you both what this document will eventually look like. It’s possible to divide everything if you like. You establish this agreement before you get married.

A good example is having your own business. You can document in the prenuptial agreement that only you are the owner of your business. Then your partner will never be held accountable if you, for example, go bankrupt. On the other hand, you can also include assets you do want to share, such as a property or household effects.

Marriage without a prenuptial agreement

It’s also possible to get married without a prenuptial agreement, and in that case the basic law applies. This basic law was adjusted in 2018. According to this law, all of the assets acquired after the marriage will be shared equally with your partner. Assets that you had before the marriage will remain yours. This will make sure that you’ll have common and private assets.

Most people are happy with the basic law, but it doesn’t cover everything for people who own a business. In addition, the basic law doesn’t always provide an adequate basis for couples with large asset differences.

Another important reason why people choose a prenuptial agreement is to both become owners of something together. An example could be a property you already owned, for which you now want to take out a mortgage on together. You need the prenuptial agreement to register the mortgage on two names.

How is a prenuptial agreement drawn up?

Drawing up a prenuptial agreement is often combined with drawing up a will. Both documents are meant to document the process for your inheritors. That’s why it’s very common to have an intake for both a will and a prenuptial agreement. The process consists of three steps in total:

1. An intake

At our office, virtually or by phone: all of these options are possible. During this meeting we can discuss all your needs and any concerns you may have.

2. Proposal

After the intake the notary will put everything you discussed in a document. The result is a proposal with a provisional agreement. You can take all the time you need to have a look at this document. The second appointment will take place a few weeks later.

3. Signature

During the second appointment you will discuss the entire provisional agreement with the notary. Are you happy with the contents of the proposal? You can then both sign the document straight away.

Make sure to start in time!

Signing the prenuptial agreement before your wedding works best. So please make sure to take your time for this. The reason for this is simple: it’s possible to draw up the agreement after the wedding, but this means extra work and therefore extra costs. We suggest doing this at least two to three months before the planned wedding date. Signing on time means you can save money!