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Prenup Agreement After Marriage

Prenup Agreement After Marriage Template for Netherlands

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Key Requirements PROMPT example:

Prenup Agreement After Marriage

"I need a Prenup Agreement After Marriage for a Dutch tech startup founder and their spouse, to be executed by March 2025, that primarily addresses the separation of business assets and intellectual property rights while maintaining shared ownership of the family home."

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Document background
The Prenup Agreement After Marriage (postnuptial agreement) under Dutch law serves as a crucial legal instrument for married couples seeking to modify their matrimonial property regime after their wedding. This document becomes particularly relevant when spouses wish to protect business interests, respond to significant changes in financial circumstances, or adapt to new asset acquisitions. Under Dutch law, such agreements must be executed as notarial deeds and registered in the Marriage Property Register to be valid. The agreement typically includes comprehensive provisions about property division, financial responsibilities, business interests, and inheritance arrangements. It's especially important given the 2018 changes to Dutch matrimonial property law, which modified the default community property regime. The document must comply with strict legal requirements and usually requires input from various professional advisors to ensure proper structuring and protection of both parties' interests.
Suggested Sections

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

2. Background: Context of the marriage, reason for creating a postnuptial agreement, and current matrimonial property regime

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

4. Property Regime Selection: Declaration of chosen property regime (e.g., complete separation of property, limited community)

5. Pre-Existing Property: Detailed treatment of property acquired before marriage and its status

6. Future Property: Rules regarding property acquired after the agreement takes effect

7. Income and Earnings: Treatment of income, salaries, and business profits during marriage

8. Debts and Liabilities: Handling of existing and future debts, joint liabilities, and individual responsibilities

9. Household Expenses: Arrangements for sharing household costs and daily living expenses

10. Death and Inheritance: Provisions regarding inheritance rights and property division upon death

11. Termination and Divorce: Property division and financial arrangements in case of divorce

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

13. Modification: Procedures for future modifications of the agreement

14. Execution: Formal execution requirements including notarial deed provisions

Optional Sections

1. Business Assets: Specific provisions for business ownership and commercial assets, used when either spouse owns a business

2. Intellectual Property: Provisions for handling intellectual property rights, relevant for professionals or creators

3. International Assets: Special provisions for foreign property or assets, included when parties have international holdings

4. Pension Rights: Detailed arrangements regarding pension rights and retirement benefits, optional but recommended for older couples

5. Gift and Inheritance Treatment: Special provisions for handling future gifts and inheritances, relevant when significant inheritance is expected

6. Children's Provisions: Special arrangements regarding children's expenses and inheritance, included when parties have children

7. Property Management: Detailed rules about management of specific assets, relevant for complex property portfolios

8. Tax Arrangements: Specific tax planning provisions, relevant for high-net-worth individuals

Suggested Schedules

1. Schedule A - Pre-Existing Assets: Detailed inventory of assets owned by each spouse before marriage

2. Schedule B - Pre-Existing Liabilities: List of debts and liabilities of each spouse before marriage

3. Schedule C - Shared Property: Inventory of jointly owned property and agreed values

4. Schedule D - Business Assets: Detailed description of business interests and their agreed treatment

5. Schedule E - Property Valuation: Professional valuations of significant assets

6. Appendix 1 - Financial Disclosure: Detailed financial statements from both parties

7. Appendix 2 - Pension Details: Information about pension arrangements and agreements

8. Appendix 3 - Notable Gifts/Inheritances: Documentation of significant gifts or inheritances to be excluded from shared property

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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Family Lawyer

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