Personal and family law

Marital property agreement / Registered partnership agreement

Do you want to decide for yourself which assets and debts you do or do not share?

Marital property agreement or registered partnership agreement:
make clear agreements in advance

Are you getting married or entering into a registered partnership? Then it is wise to think about your financial arrangements. Do you want to determine what belongs to both of you and what remains private? Or do you want all your assets and debts to become joint? With a marital property agreement or registered partnership agreement, you record this officially with the notary.

By making clear agreements in advance, you avoid uncertainty in the future. This can be important in the case of, for example, your own business, savings, a home or other valuable assets. The terms are fully tailored to your personal situation and wishes.

Why draw up an agreement?

Since 1 January 2018, you no longer automatically marry or register in full community of property. Without additional agreements, a limited community of property applies. This means that assets and debts from before the marriage or registered partnership in principle remain private.

Do you want to deviate from this? Then you can arrange this through a marital property agreement or registered partnership agreement. This way you decide for yourself how your assets are divided.

What can you record?

With an agreement you can, among other things, arrange

  • which assets are joint and which remain private;
  • which debts are personal;
  • how savings or investments are handled;
  • that a business remains private property;
  • protection of your partner against business debts;
  • how assets are divided in the event of a divorce;
  • that you choose full community of property.

For entrepreneurs, marital or registered partnership agreements are often especially important. By keeping business and private matters separate, you prevent your partner from becoming liable for business risks. You also prevent the continuity of your business from being jeopardised in a divorce.

When should you arrange this?

It is often most practical to record a marital property agreement or registered partnership agreement before the marriage or registered partnership. At that point, no joint assets have usually arisen yet.

Even after the marriage or registered partnership, you can still draw up, amend or terminate an agreement. To do so, you go to the notary together. The agreements made are recorded in a notarial deed and then entered in the matrimonial property register of the court.

What can we do for you?

  • Will

    What happens to your assets and debts after your death? Who arranges everything?
  • Lifetime will

    Who looks after your interests when you can no longer do so yourself?
  • Certificate of inheritance

    Do you want to prove that you are an heir, or authorised to settle an estate?
  • Estate settlement

    Do you need help settling an inheritance?
  • View the brochures

    Want to read more about marital property agreements or registered partnership agreements?

Frequently asked questions

The notary plays an essential role at many important moments in your life. But what exactly does a notary do, and when do you engage one? Here you will find clear answers to these and other frequently asked questions.
Frequently asked questions
Group photo of the team in front of the notary office entrance

Ellens & Lentze is here for you!

Ellens & Lentze is a full-service notary office with dedicated and experienced staff. In close cooperation with you, we combine broad knowledge of all notarial fields of law with personal attention, so that you are guided expertly and carefully at every important step.
Contact us
Request a quote
Tekst