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Post Nup Agreement Template for Netherlands

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement for a Dutch married couple where one spouse is starting a new technology business in March 2025 and wants to keep the business assets separate, while maintaining shared ownership of their existing property including their Amsterdam home."

Document background
The Post Nup Agreement (known in Dutch as 'huwelijkse voorwaarden na het huwelijk') is utilized when married couples in the Netherlands wish to modify their matrimonial property regime after their marriage has taken place. This document becomes particularly relevant when there are significant changes in financial circumstances, business ownership, inheritance, or international assets. Since the 2018 reform of Dutch matrimonial property law, which introduced limited community of property as the default regime, these agreements have gained additional importance for couples seeking to modify their property arrangements. The document must comply with strict Dutch legal requirements, including mandatory execution before a notary and registration in the matrimonial property register. It typically includes comprehensive provisions for asset division, financial responsibilities, business interests, and future arrangements, making it essential for wealth planning, business protection, and family asset management.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names, addresses, and marriage details

2. Background: Context of the marriage, date of marriage, reason for post-nuptial agreement, and current matrimonial property regime

3. Definitions: Definitions of key terms used throughout the agreement, including property categories, income, and other relevant terms

4. Effective Date and Duration: Specification of when the agreement takes effect and its duration

5. Property Division Regime: Detailed description of how property will be divided or kept separate, including pre-existing and future assets

6. Financial Arrangements: Arrangements for bank accounts, investments, pensions, and other financial matters

7. Debts and Liabilities: Treatment of existing and future debts, including personal and joint liabilities

8. Income and Expenses: Arrangements regarding income, shared expenses, and financial responsibilities

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

10. Tax Provisions: Arrangements regarding tax obligations and benefits

11. Governing Law: Confirmation of Dutch law application and jurisdiction

12. Execution Requirements: Notarial requirements and registration procedures

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns a business

2. Intellectual Property Rights: Provisions for existing or future intellectual property, relevant for professionals or creators

3. International Assets: Special provisions for assets located outside the Netherlands, used when couples have foreign properties or investments

4. Inheritance Provisions: Special arrangements regarding inherited or to-be-inherited assets, used when significant inheritance is expected

5. Children's Provisions: Specific arrangements regarding children's financial interests, used when there are children from current or previous marriages

6. Pension Rights: Detailed pension sharing arrangements, used when significant pension rights exist

7. Gift Provisions: Arrangements regarding substantial gifts between spouses or from third parties

8. Property Management: Specific arrangements for management of valuable assets, used for substantial property portfolios

Suggested Schedules

1. Schedule A - Pre-existing Assets: Detailed inventory of assets owned by each spouse before the new agreement

2. Schedule B - Joint Assets: List of assets owned jointly by the spouses

3. Schedule C - Business Assets: Detailed description of business interests and their agreed treatment

4. Schedule D - Real Estate: Details of all real estate properties and their ownership status

5. Schedule E - Financial Accounts: List of bank accounts, investments, and other financial instruments

6. Schedule F - Debts and Liabilities: Detailed list of existing debts and liabilities

7. Appendix 1 - Asset Valuation Reports: Professional valuations of significant assets

8. Appendix 2 - Business Valuation Reports: Professional valuations of business interests, if applicable

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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