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Pre Marriage Agreement

Pre Marriage Agreement Template for Netherlands

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Key Requirements PROMPT example:

Pre Marriage Agreement

"I need a Pre Marriage Agreement under Dutch law for two entrepreneurs who want to keep their respective businesses and future income completely separate, with special attention to intellectual property rights and international assets."

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Document background
A Pre Marriage Agreement is essential for couples planning to marry in the Netherlands who wish to arrange their financial affairs differently from the statutory community of property regime. While Dutch law automatically applies a limited community of property system to marriages from 2018 onwards, many couples choose to customize their arrangements through a prenuptial agreement. This document must be executed before marriage and requires notarial intervention to be valid. It typically includes detailed provisions about property division, treatment of income and inheritance, business interests, pension rights, and arrangements for potential divorce. The agreement needs to comply with Dutch Civil Code requirements and must be registered in the Marriage Agreements Register. It's particularly important for couples with significant assets, business interests, international connections, or those seeking specific arrangements regarding financial independence.
Suggested Sections

1. Parties: Identification and details of both future spouses

2. Background: Context of the agreement, including the planned marriage date and general intent of the parties

3. Definitions: Key terms used throughout the agreement including definitions of separate and joint property

4. Property Regime: Declaration of deviation from the statutory community of property regime and specification of chosen regime

5. Pre-marital Assets: Detailed listing of assets owned by each party before marriage

6. Income and Earnings: Treatment of income and earnings during marriage

7. Debts and Liabilities: Handling of pre-existing and future debts

8. Costs of the Household: Agreement on how common household expenses will be shared

9. Inheritance and Gifts: Treatment of inherited assets and gifts received during marriage

10. Death and Succession: Arrangements in case of death of either spouse

11. Divorce Provisions: Financial arrangements in case of divorce

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

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

14. Execution: Formal execution requirements and notarial statement

Optional Sections

1. Business Interests: Required when either party owns or may establish a business, detailing how business assets and income will be treated

2. Pension Rights: Needed when parties want to deviate from statutory pension sharing rules

3. International Assets: Required when parties own or expect to own assets in multiple jurisdictions

4. Intellectual Property: Necessary when either party has significant IP rights or creative professional activities

5. Future Children: Optional provisions regarding financial arrangements for future children

6. Real Estate: Specific provisions for existing or future real estate ownership

7. Family Heirlooms: Special provisions for family-owned valuable items or heirlooms

8. Spousal Support: Optional arrangements regarding alimony in case of divorce

Suggested Schedules

1. Schedule A - Pre-marital Assets Register: Detailed inventory of assets owned by each party before marriage

2. Schedule B - Pre-marital Debts Register: List of existing debts and liabilities of each party

3. Schedule C - Excluded Assets: Specific assets explicitly excluded from any form of sharing

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

5. Appendix 1 - Property Valuations: Professional valuations of significant assets

6. Appendix 2 - Financial Disclosure: Comprehensive financial statements of both parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 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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