Getting married under a prenuptial agreement can be a choice you make because you want to have certainties if a divorce accidentally occurs, but you can also get married under a prenuptial agreement because you then run fewer risks as a self-employed entrepreneur. Getting married under a prenuptial agreement is a choice that can be made for a variety of reasons.
What is marriage under prenuptial agreement?
You have probably heard of a couple getting married under a prenuptial agreement. You can actually see this as a business agreement between spouses. If you marry under a prenuptial agreement, you have the right to certain assets and income. By getting married under prenuptial agreements, you deviate from the legal community of property. You then exclude certain assets and debts from getting married in community of property.
Determine the content yourself
A married couple can largely determine the content of the marriage under prenuptial conditions, but there are still some rules attached to it. For example, a couple cannot deviate from the rules of inheritance law for the surviving spouse. The deed of the prenuptial agreement is only valid when the notary registers it in the public matrimonial property register at the court of the place where you as a couple get married. Anyone can view this register and therefore also the deed of the prenuptial agreement. If a notary does not register these conditions, they work exclusively between the partners.
Different reasons
Couples marry each other under prenuptial agreements for various reasons. This way they want to take less risk. A couple can also set rules if one partner earns less, which in turn affects the upbringing of the children. In this way, it can be arranged who will be responsible for the upbringing. In addition, a couple can have the distribution of future income and assets recorded in the prenuptial agreement. A couple may also want to make agreements about the settlement of household costs. There are many more reasons why a couple gets married under a prenuptial agreement. For example, someone can have their own business. The conditions then include agreements about private assets and bankruptcy.
Getting married in community of property
The counterpart of getting married under a prenuptial agreement is getting married in community of property. This includes all assets and liabilities. If you do not have a prenuptial agreement drawn up, you automatically marry in community of property.
Equal distribution
In the event of a divorce, the total value of the community is divided equally. So you get the same amount as your ex-partner. So you are also responsible for half of the community debts. However, you can exclude certain things, such as a donation or an inheritance.
Since January 1, 2012, the law regarding community of property has been amended. A new scheme applies to situations in which a spouse has used money from the joint assets for private goods. Or if he or she has used this money for private debts. This arrangement also applies to cases in which the spouse has used money from the other spouse’s private assets.
Dissolution
The community of property is dissolved by the termination of the marriage, upon legal separation, if prenuptial agreements are drawn up later during the marriage or in the event of a decision that terminates the community of property.