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Post Prenuptial Agreement

Post Prenuptial Agreement Template for Netherlands

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement under Dutch law to protect my growing technology business and establish separate property rights with my spouse, with special provisions for intellectual property and future company expansion expected in March 2025."

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Document background
The Post Prenuptial Agreement is a crucial legal instrument in Dutch family law that allows married couples to modify their matrimonial property regime after marriage. This document becomes necessary when spouses wish to alter their financial arrangements, protect business interests, respond to significant changes in their financial situation, or adapt their property regime to new circumstances. Since January 2018, when the Netherlands introduced limited community of property as the default regime, post-nuptial agreements have gained additional significance for couples wanting to deviate from this standard arrangement. The agreement must be executed as a notarial deed before a Dutch civil law notary and can address various aspects including asset division, pension rights, inheritance provisions, and business interests. It's particularly relevant for international couples, business owners, and those with substantial assets who need to establish clear property arrangements within the Dutch legal framework.
Suggested Sections

1. Notarial Introduction: Formal introduction including date, notary details, and confirmation of parties' capacity to enter into the agreement

2. Parties: Full legal names, addresses, and identification details of both spouses

3. Background: Information about the marriage, date of wedding, current property regime, and reasons for entering into the post-nuptial agreement

4. Definitions: Definitions of key terms used throughout the agreement

5. Current Property Regime: Declaration of the existing matrimonial property regime and its proposed modification

6. New Property Arrangements: Detailed description of the new property regime and how assets and liabilities will be held

7. Division of Current Assets: Specification of how existing joint assets will be divided or maintained

8. Future Income and Assets: Arrangements for income, assets, and debts acquired after the agreement

9. Pension Rights: Arrangements regarding pension rights and retirement benefits

10. Death and Inheritance: Provisions regarding property division and rights in case of death

11. Costs and Taxes: Allocation of costs related to the agreement and tax implications

12. Amendment and Termination: Conditions under which the agreement can be modified or terminated

13. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

14. Execution: Formal closing section with notarial attestation and signatures

Optional Sections

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

2. International Assets: Special provisions for assets located outside the Netherlands, included when parties have foreign property

3. Children's Provisions: Arrangements regarding children's financial interests, included when there are children from current or previous marriages

4. Spousal Support: Provisions regarding alimony or maintenance, included when parties wish to make specific arrangements

5. Real Estate: Specific arrangements for real estate properties, included when parties own significant real estate

6. Intellectual Property: Provisions regarding intellectual property rights, included when either party has significant IP assets

7. Family Business Protection: Specific provisions to protect family businesses or inheritances, used when applicable

8. Debt Allocation: Detailed provisions about existing and future debts, included when there are significant debts to address

Suggested Schedules

1. Schedule A - Asset Inventory: Comprehensive list of all current assets owned by both parties, including values

2. Schedule B - Liability Inventory: List of all current debts and liabilities of both parties

3. Schedule C - Business Assets: Detailed inventory of business assets and valuations

4. Schedule D - Real Estate: Details of real estate properties including ownership structure and valuations

5. Schedule E - Bank Accounts: List of all bank accounts and financial investments

6. Schedule F - Personal Property: Inventory of significant personal property items

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

8. Appendix 2 - Property Registration Documents: Copies of property registration documents and titles

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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