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Nuptial Agreement Template for Netherlands

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Key Requirements PROMPT example:

Nuptial Agreement

"I need a Dutch Nuptial Agreement drafted for my upcoming marriage in March 2025, with specific provisions for protecting my tech startup company and addressing potential future intellectual property rights."

Document background
A Nuptial Agreement is a crucial legal document in the Netherlands that allows couples to customize their matrimonial property regime. Since the 2018 reform of Dutch matrimonial property law, which introduced limited community of property as the default regime, these agreements have become even more significant for couples wanting to establish different arrangements. The document must be executed before a Dutch civil law notary and can be created either before marriage (prenuptial) or during marriage (postnuptial). It typically covers property division, business interests, inheritance rights, pension rights, and financial responsibilities. Particularly important for business owners, high-net-worth individuals, or those with international assets, a Nuptial Agreement provides clarity and certainty regarding financial matters during marriage and in case of divorce or death. The agreement must comply with Dutch law requirements and can be registered in various registers depending on its contents (e.g., matrimonial property register, land registry, commercial register).
Suggested Sections

1. Parties: Identification of both parties to the marriage/intended marriage, including full legal names, dates of birth, current addresses, and nationalities

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, the intended date of marriage if applicable, and the parties' general intention regarding their matrimonial property regime

3. Definitions: Definitions of key terms used throughout the agreement, including 'matrimonial property', 'separate property', 'joint property', and other relevant terms

4. Choice of Law: Express choice of Dutch law and confirmation of jurisdiction

5. Property Regime: Declaration of the chosen property regime (e.g., complete separation of property or modified community of property)

6. Pre-marital Assets: Detailed listing and treatment of assets owned by each party before the marriage

7. Future Assets: Rules regarding the treatment of assets acquired during the marriage

8. Income and Pensions: Arrangements regarding income earned during marriage and pension rights

9. Debts and Liabilities: Treatment of existing and future debts and liabilities

10. Household Costs: Arrangements for sharing household expenses and daily living costs

11. Administration of Property: Rules regarding management and disposal of separate and joint property

12. Dissolution Provisions: Arrangements in case of divorce or death

13. Notarial Requirements: Formal statements required under Dutch law for validity of the agreement

14. Execution: Signature requirements and notarial execution clause

Optional Sections

1. Business Assets: Specific provisions for business ownership, shares, and intellectual property - included when either party owns or may own business interests

2. International Assets: Special provisions for foreign property and assets - included when parties own or expect to own assets in other countries

3. Inheritance and Gifts: Special provisions regarding inherited assets or gifts - included when parties expect significant inheritances or wish to specify treatment of gifts

4. Children's Provisions: Provisions regarding financial arrangements for existing or future children - included when parties have or plan to have children

5. Property Registration: Specific provisions for registration of real estate - included when parties own or plan to own real estate

6. Periodic Review: Provisions for periodic review and potential adjustment of the agreement - included when parties want flexibility for future changes

7. Family Business Protection: Specific provisions protecting family business interests - included when either party has family business involvement

8. Career Break Compensation: Provisions for compensating career breaks for childcare - included when parties want to address potential career sacrifices

Suggested Schedules

1. Schedule 1 - Pre-marital Assets: Detailed inventory of assets owned by each party before marriage, including valuations where relevant

2. Schedule 2 - Pre-marital Liabilities: Detailed inventory of debts and liabilities of each party before marriage

3. Schedule 3 - Business Assets: Detailed description of business interests, shares, and intellectual property rights

4. Schedule 4 - Real Estate: Details of any real estate owned by either party, including registration details

5. Schedule 5 - Pensions: Details of pension arrangements and agreements regarding pension rights

6. Appendix A - Required Legal Declarations: Standard declarations required under Dutch law for validity of the agreement

7. Appendix B - Financial Disclosure: Financial disclosure statements from both parties

8. Appendix C - Independent Legal Advice: Certificates of independent legal advice received by both parties

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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Relevant Industries

Legal Services

Notarial Services

Financial Services

Real Estate

Family Business

Professional Services

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Private Banking

Relevant Teams

Legal

Compliance

Wealth Management

Private Banking

Tax Advisory

Corporate Affairs

Risk Management

Family Office

Business Advisory

Estate Planning

Relevant Roles

Notary

Family Lawyer

Legal Counsel

Wealth Manager

Tax Advisor

Financial Advisor

Business Consultant

Estate Planner

Private Banker

Business Valuator

Property Lawyer

Corporate Lawyer

Family Office Manager

Risk Manager

Compliance Officer

Industries






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