Marriage contract

Many people have a notary draw up a prenuptial agreement before or during the marriage. This often stipulates that there is no community of property between the spouses, but that they are obliged to settle (part of) the assets built up during the marriage with each other by means of a settlement clause.

Amsterdam settlement clause

A common clause is the Amsterdam settlement clause. In short, such a clause stipulates that parties must annually settle their saved income – that is, the income of both parties added together in a given year, minus all household expenses – in half. In practice, spouses do not settle their saved income annually. In the event of divorce, this must still be done and in practice this has led to many legal proceedings. Suppose one spouse receives a bonus from his employer at the end of the year and buys shares, which he keeps in an account at the bank. This is saved income. The other spouse then claims half of the bonus, but because the bonus has since been invested in a securities portfolio, the spouse claims half of the value of the securities portfolio at the end of the ride. It becomes more difficult if one of the spouses buys a house, the parties are jointly and severally liable for the mortgage debt and the mortgage debt is repaid from the parties' income during the marriage. We also regularly deal with entrepreneurs who set up a company before or during the marriage, which grows over the years and increases significantly in value. Should the value of that company be included in the settlement or are the profits saved in the company eligible for settlement? We regularly conduct proceedings on these subjects and closely follow developments in case law.

Advice on drawing up prenuptial agreements

We also regularly advise people who are planning to get married and want to have their specific wishes included in a prenuptial agreement. Drawing up a prenuptial agreement is custom work, because every situation is different. We can advise you individually or together. Sometimes it is necessary to change the prenuptial agreement during the marriage, for example if bankruptcy is imminent. We can of course also advise you in this and, if necessary, we work together with a notary. By carefully drawing up or adjusting prenuptial agreements, you can prevent many problems and procedures. It is therefore advisable to seek advice in good time.