Community Property Agreement for the Netherlands

Community Property Agreement Template for Netherlands

A Community Property Agreement under Dutch law is a formal legal document that establishes the property regime between spouses or intended spouses in the Netherlands. This agreement allows couples to modify or confirm their property arrangements, deviating from or affirming the statutory limited community of property regime that became the default in Dutch law since 2018. The document details how assets, liabilities, income, and future acquisitions will be treated during marriage and in case of its dissolution, while complying with the requirements of the Dutch Civil Code (Burgerlijk Wetboek), particularly Book 1 regarding family and matrimonial property law.

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What is a Community Property Agreement?

The Community Property Agreement is a crucial legal instrument in Dutch family law, used by couples who wish to establish clear terms regarding their property rights and obligations within marriage. Since the 2018 reform of Dutch matrimonial property law, which introduced limited community property as the default regime, these agreements have become increasingly important for couples seeking to either modify these default arrangements or explicitly confirm them. The document typically includes comprehensive details about pre-marriage assets, future acquisitions, business interests, inheritance rights, and debt responsibilities. It must be executed before a Dutch civil law notary to be legally valid and can be especially important for couples with substantial assets, business interests, or international connections. This agreement serves as a fundamental tool for property planning and legal certainty in marital relationships under Dutch jurisdiction.

What sections should be included in a Community Property Agreement?

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Context of the agreement, including marriage status/plans and reason for creating the agreement

3. Definitions: Key terms used throughout the agreement, including types of property, community property, and private property

4. Scope of Community Property: Definition of what assets and liabilities will be considered community property

5. Excluded Property: Assets and liabilities that will remain private property of each spouse

6. Management of Community Property: Rights and responsibilities regarding the management of community property

7. Income and Earnings: Treatment of income, salary, and business profits during the marriage

8. Debts and Liabilities: Handling of existing and future debts, joint and individual liabilities

9. Property Administration: Requirements for record-keeping, accounting, and documentation of community property

10. Division of Property: Procedures for division of community property in case of dissolution

11. Amendments: Process for modifying the agreement

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

13. Execution: Signature requirements and notarization provisions

What sections are optional to include in a Community Property Agreement?

1. Business Interests: Specific provisions for handling business ownership and commercial interests when one or both spouses own businesses

2. Inheritance and Gifts: Special provisions for inherited assets or gifts received during marriage, when specific arrangements are needed

3. International Assets: Additional provisions for property located outside the Netherlands, when applicable

4. Pension Rights: Specific arrangements regarding pension rights and retirement benefits, if needed

5. Real Estate: Specific provisions for real estate ownership and management, when substantial real estate assets are involved

6. Intellectual Property: Provisions for handling intellectual property rights when relevant to either spouse

7. Family Heirlooms: Special provisions for family heirlooms or items of sentimental value

8. Death Provisions: Specific arrangements in case of death of either spouse, if different from statutory provisions

What schedules should be included in a Community Property Agreement?

1. Schedule A - Pre-Marriage Assets: Detailed inventory of assets owned by each spouse before marriage

2. Schedule B - Pre-Marriage Liabilities: Detailed inventory of liabilities of each spouse before marriage

3. Schedule C - Excluded Property: Comprehensive list of assets explicitly excluded from community property

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

5. Schedule E - Real Estate: List and details of real estate properties owned by either spouse

6. Appendix 1 - Asset Valuation Reports: Professional valuations of significant assets

7. Appendix 2 - Legal Certificates: Relevant legal documents such as property titles or business registrations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Non Binding Contract

A Dutch law-governed non-binding contract outlining parties' intentions and proposed terms for future cooperation without creating legal obligations.

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What is a Community Property Agreement?

What sections should be included in a Community Property Agreement?

What sections are optional to include in a Community Property Agreement?

What schedules should be included in a Community Property Agreement?

Authors

Alex Denne

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