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Marital Property Agreement Template for Netherlands

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Dutch Marital Property Agreement for a pre-marriage situation, to be executed in March 2025, where one party owns a technology startup and wants to keep business assets completely separate, while establishing a system for sharing household expenses."

Document background
A Marital Property Agreement is essential for couples in the Netherlands who wish to establish their own property regime instead of following the default statutory system. Since 2018, the Netherlands has operated under a limited community of property regime by default, but couples can modify this through a customized agreement. The document requires careful consideration of various aspects including asset division, business interests, inheritance implications, and international elements if applicable. The agreement must be executed as a notarial deed before a Dutch civil law notary to be legally valid and can be created either before marriage (prenuptial agreement) or during marriage (postnuptial agreement). These agreements are particularly important for business owners, high-net-worth individuals, and international couples, as they provide clarity and protection regarding property rights, business assets, and financial responsibilities.
Suggested Sections

1. Parties: Identification of both spouses including full legal names, dates of birth, current addresses, and nationalities

2. Background: Context of the agreement including marital status (pre-marriage or during marriage), date of marriage if applicable, and general intention of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including specific Dutch legal concepts

4. Exclusion of Community of Property: Express statement excluding the statutory community of property regime and establishing separate estates

5. Property Division: Detailed provisions on how property is and will be divided between the spouses

6. Income and Earnings: Arrangements regarding income earned during marriage and how it will be treated

7. Shared Expenses: Provisions for how common household expenses will be shared and paid

8. Administration of Property: Rules for managing separate and joint property during marriage

9. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

10. Death and Inheritance: Basic provisions regarding property rights upon death of either spouse

11. Record Keeping: Requirements for maintaining records of separate property

12. Dispute Resolution: Procedures for resolving any disputes about the agreement

13. Governing Law: Confirmation that Dutch law governs the agreement

14. Execution: Formal execution requirements and notarial statements

Optional Sections

1. Business Assets: Special provisions for business ownership and business assets when one or both spouses own a business

2. Intellectual Property Rights: Specific provisions for handling intellectual property when relevant to either spouse

3. International Assets: Additional provisions for couples with assets in multiple countries

4. Pension Rights: Detailed arrangements regarding pension rights when specific pension arrangements are needed

5. Property Equalization: Periodic settlement provisions for couples wanting to share certain gains while maintaining separate estates

6. Gift and Inheritance Treatment: Special provisions for handling future gifts and inheritances

7. Cohabitation Period: Provisions regarding pre-marriage cohabitation period if relevant

8. Children's Provisions: Special arrangements regarding children's expenses and inheritance rights where applicable

9. Marriage Dissolution Arrangements: Additional provisions regarding property division in case of divorce

Suggested Schedules

1. Schedule A - Existing Assets: Detailed inventory of each spouse's assets at the time of agreement

2. Schedule B - Existing Liabilities: Detailed inventory of each spouse's debts and liabilities at the time of agreement

3. Schedule C - Business Assets: Detailed description of business assets and ownership structures if applicable

4. Schedule D - Real Estate: Details of any real estate owned by either party

5. Schedule E - Bank Accounts: List of bank accounts and their designated status (joint/separate)

6. Appendix 1 - Property Valuations: Professional valuations of significant assets where relevant

7. Appendix 2 - Supporting Documents: Copies of relevant certificates, registrations, and other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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