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International Prenup

International Prenup Template for Netherlands

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Key Requirements PROMPT example:

International Prenup

"I need an International Prenup under Dutch law for a marriage planned for March 2025, where I'm a Dutch tech entrepreneur with significant business assets in the Netherlands and Germany, and my future spouse is a US citizen with investment properties in California."

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Document background
An International Prenup under Dutch law is essential for couples with international elements planning to marry where at least one party has connections to the Netherlands. This document is particularly relevant when parties have assets in multiple countries, different nationalities, plan to live internationally, or want to ensure their marriage agreement will be recognized across borders. The agreement must comply with Dutch civil law requirements while considering international private law implications. It typically includes detailed provisions about property division, financial arrangements, choice of law, and jurisdiction clauses. The International Prenup must be executed before a Dutch civil law notary and requires proper registration in the Dutch matrimonial property register. It's commonly used by expatriates, international business owners, and cross-border couples to provide clarity and security regarding their financial arrangements during marriage and in case of divorce.
Suggested Sections

1. Parties: Identification of both parties entering into the prenuptial agreement, including full legal names, addresses, nationalities, and marital status

2. Background: Context of the agreement, including the planned marriage details, existence of international elements, and general intention of the parties

3. Definitions: Key terms used throughout the agreement, including specific Dutch legal terms and their English translations where relevant

4. Choice of Law: Express choice of Dutch law and consideration of international private law implications

5. Property Regime: Declaration of deviation from Dutch statutory community of property regime and specification of chosen regime

6. Premarital Assets: Clear designation of assets owned by each party before marriage and their status during marriage

7. Future Assets: Treatment of assets acquired during marriage, including inheritance and gifts

8. Income and Earnings: Treatment of income earned during marriage and its classification as separate or joint property

9. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities

10. Business Interests: Protection and treatment of business assets and future business ventures

11. Matrimonial Home: Specific provisions regarding the marital home, its ownership, and rights of occupation

12. Dissolution Provisions: Agreement terms in case of divorce or death, including asset division principles

13. Governing Law and Jurisdiction: Confirmation of Dutch law application and competent courts for disputes

Optional Sections

1. Pension Rights: Specific arrangements for pension rights and retirement benefits, particularly relevant for couples with significant pension assets

2. Inheritance Provisions: Additional provisions regarding inheritance rights, recommended when parties want to deviate from statutory inheritance rights

3. Child-Related Provisions: Specific arrangements regarding existing children or future children, particularly relevant for blended families

4. Spousal Support: Provisions for alimony or maintenance, optional but recommended for couples with significant income disparity

5. Relocation Provisions: Specific terms for potential international relocation, relevant for internationally mobile couples

6. Family Business Protection: Detailed provisions for protecting family businesses, relevant when either party owns or may inherit a family business

7. Cultural or Religious Requirements: Specific provisions to accommodate cultural or religious marriage requirements, if applicable

8. Tax Planning Provisions: Specific arrangements for tax optimization, relevant for high-net-worth couples or complex international tax situations

Suggested Schedules

1. Schedule A - Premarital Assets of First Party: Detailed inventory of all assets owned by the first party before marriage

2. Schedule B - Premarital Assets of Second Party: Detailed inventory of all assets owned by the second party before marriage

3. Schedule C - Joint Assets: List of any assets already jointly owned or agreed to be treated as joint property

4. Schedule D - Business Assets: Detailed description of business interests owned by either party

5. Schedule E - Premarital Debts: List of existing debts and liabilities of both parties

6. Appendix 1 - Asset Valuation Reports: Independent valuations of significant assets mentioned in the agreement

7. Appendix 2 - Legal Certificates: Relevant legal documents including certificates of non-impediment, birth certificates, etc.

8. Appendix 3 - Financial Disclosure Statements: Detailed financial disclosure by both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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