Everything you need to know about prenuptial agreements at MAES notaries

Prenuptial agreements are agreements made by spouses regarding their assets and debts. These agreements are preferably made before the marriage ceremony, but can also be made during the marriage. These agreements can cover matters such as the division of income, property, business ownership, pensions, inheritances, and gifts. They are recorded in a notarial deed and registered in the marital property register. At MAES civil-law notaries, we ensure that these agreements are legally sound and comply with all legal requirements.

Why choose a prenuptial agreement?

Drafting a prenuptial agreement offers several advantages. First, it protects individual assets and debts. Furthermore, it prevents ambiguity and conflict in the event of a divorce. A prenuptial agreement ensures that your financial affairs remain clear and organized, both during and after the marriage.

What are partnership terms?

A registered partnership is equivalent to marriage. Registered partners are equivalent to spouses. Partnership agreements are similar to prenuptial agreements, but specifically aimed at registered partnerships. These agreements govern the financial arrangements between partners who are not married but live together legally through a registered partnership.

Benefits of registered partnership

A registered partnership offers many advantages, similar to marriage. For example, partners have the same rights and obligations as married couples, without actually getting married. Through a registered partnership, partners enter into a family law relationship, just like spouses through marriage. They become each other's heirs. Even with a registered partnership, it is possible to draw up partnership terms that specify financial agreements.

The role of the notary

A notary plays a crucial role in drafting prenuptial agreements. At MAES Notaries, we guide you through the process step by step. We provide clear explanations of all the legal terms and options, so you can make well-informed decisions.

There are several types of prenuptial agreements that can be drawn up, depending on your specific situation and wishes. Below, we discuss the most common types.

Complete community of property

With a full community of property, everything is shared. There is no private property.

Limited community of property

With a limited community of property, only certain assets and debts are shared. This could include, for example, the joint home or joint accounts. The remaining assets remain personal.

Cold exclusion

With the exclusion of any community of property, the cold exclusion, all assets and debts are kept strictly separate. This means that there is no mixing of assets during the marriage. This can be useful for partners with their own businesses or significant personal assets.

Various settlement clauses

There are different types of settlement clauses.

Final settlement clause

With a final settlement clause you arrange that in the event of death and/or divorce the joint assets are shared as if there were a general community of property.

Periodic settlement clause

With a periodic settlement clause, partners annually offset their surplus savings. This means they keep their assets separate, but still divide the income.

The matrimonial property register is a public register in which prenuptial agreements and partnership agreements are recorded. It is maintained by the court. This register ensures transparency, prevents third parties from being disadvantaged by agreements between spouses, and protects spouses. At MAES civil-law notaries, we ensure that your agreements are registered correctly and on time.

Marriage and inheritance

An important aspect of prenuptial agreements and partnership agreements is the arrangement regarding inheritance. These agreements may stipulate that an inheritance received does not fall into the community property, but remains personal. This can be important for protecting family assets.

Divorce and prenuptial agreements

In the event of a divorce, the prenuptial agreement or partnership agreement truly comes into play. It determines how assets and debts are divided. This prevents lengthy and costly disputes. At MAES civil-law notaries, we help you make your divorce as smooth as possible, while respecting the agreements made.

A prenuptial agreement is especially recommended if one spouse owns a business, if there are significant differences in assets, or if there are specific wishes regarding the division of assets and debts. This protects your assets and those of your spouse from creditors of your husband's or wife's business. Prenuptial agreements can also be beneficial for blended families. After all, you can arrange that everything that was private before the second marriage remains private.

How do you draw up a prenuptial agreement?

Prenuptial agreements are always drawn up in consultation with a civil-law notary. At MAES Civil-Law Notaries, we take the time to discuss your wishes and situation, so we can create a customized solution. Our expertise ensures that all legal aspects are properly documented.

MAES civil-law notaries: your partner for prenuptial agreements

At MAES civil-law notaries, we're ready to assist you with drafting your prenuptial agreement or partnership agreement. With our years of experience and expertise, we ensure your financial affairs are well-organized, both during your marriage and in the event of a divorce. Contact us today for a free consultation.

Prenuptial agreements and partnership agreements are important tools for arranging your financial affairs during a marriage or registered partnership. They offer protection and clarity for both partners. At MAES civil-law notaries, we are happy to guide you through the process of drafting these agreements, so you can look to the future with peace of mind. Contact us for more information and personalized advice.