Private & Family Law
Wedding conditions
Do you intend to get married? Congratulations, that is a wonderful step in your life! When you marry, then automatically the law regulates certain rights and obligations for you. It is obviously important to know which things in this way exactly. You can then decide whether it is pleasant to arrange extra matters yourself with marriage conditions.
This is sensible, for example, if you want to keep certain assets separate during the marriage or if you have your own business. At Meijer Notarissen, we are happy to assist you in registering your conditions.
Individual and joint possessions
With wedding conditions you can decide which assets and debts you share and which are personal. In this way, assets that arise during your marriage can remain yours. This applies, for example, for your savings or a valuable collection. You can also ensure that your own business remains yours with conditions. If you separate, you do not have to divide the value entirely. The company can then continue as normal. Moreover, in this way you protect your partner against any creditors of your company.
Drafting the document
Our notaries provide advice on what you can best capture in your situation. If you and your partner agree on this, the document will be drawn up. The notary goes through the agreements with you and you then both sign your signature. The conditions are active from the moment of marriage. We recommend that you establish marriage conditions before your marriage. This is because no joint ownership has yet arisen. But it is also possible to set up conditions after your marriage.
Overall community property
It is also possible to opt for a general community of goods in terms of conditions. You then record that everything is yours together. Also, belongings that you already had before your marriage. That can be attractive for tax purposes, for example if you retire or stop your company. Marriage conditions can always be adjusted or canceled.
Testing existing conditions
Already married under marriage conditions? Then it may be important to have your existing conditions tested. Due to changes in law or case law or because your situation has changed, it is possible that your marriage conditions have unintended or even undesired consequences. The possibility exists to cancel your marriage conditions, if that is (fiscally) more favorable.
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