Matrimonial Agreement Template for Netherlands

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement under Dutch law for a couple where one party owns a technology startup and wants to keep the business assets completely separate, while ensuring fair arrangements for the shared family home they plan to purchase in March 2025."

Document background
A Matrimonial Agreement is a crucial legal document under Dutch law that allows couples to establish their own property regime, either before marriage (prenuptial) or during marriage (postnuptial). Since the 2018 reform of Dutch matrimonial property law, which introduced limited community of property as the default regime, these agreements have become increasingly important for couples seeking to create customized arrangements. The document is particularly relevant for business owners, high-net-worth individuals, international couples, or those entering second marriages. It must be executed as a notarial deed and can cover various aspects including asset division, business interests, inheritance rights, pension arrangements, and financial responsibilities. The agreement provides legal certainty and clarity regarding property rights and financial arrangements, while complying with Dutch civil law requirements and protecting both parties' interests.
Suggested Sections

1. Notarial Introduction: Formal introduction stating date, notary details, and confirmation of parties' appearance

2. Parties: Identification and details of both parties entering into the matrimonial agreement

3. Background: Context of the agreement, including intended marriage date or existing marriage status

4. Definitions: Key terms used throughout the agreement

5. Property Regime: Chosen property regime and deviation from statutory regime

6. Pre-marital Assets: Declaration and treatment of assets owned before marriage

7. Future Assets: Agreement on how future acquired assets will be treated

8. Income and Pensions: Arrangements regarding income, savings, and pension rights during and after marriage

9. Debts and Liabilities: Treatment of existing and future debts

10. Household Expenses: Agreement on sharing of household costs and living expenses

11. Administration: Rules for financial administration and record-keeping

12. Termination Provisions: Arrangements in case of divorce or death

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

14. Final Provisions: Closing statements, amendment procedures, and notarial confirmations

Optional Sections

1. Business Assets: Specific arrangements for business ownership and future business interests - included when either party owns or plans to own a business

2. International Assets: Special provisions for international property and applicable laws - included when parties have or expect to have assets in multiple jurisdictions

3. Children's Provisions: Arrangements regarding existing children or future children - included when relevant to the parties' situation

4. Inheritance Arrangements: Specific provisions regarding inheritance rights and estate planning - included when parties wish to make specific inheritance arrangements

5. Gift Provisions: Treatment of gifts received during marriage - included when parties want specific arrangements for gifts

6. Intellectual Property Rights: Provisions for intellectual property ownership - included when either party has significant IP assets

7. Family Business Provisions: Special arrangements regarding family business interests - included when family business interests are involved

8. Religious Requirements: Specific provisions to comply with religious marriage requirements - included when parties wish to incorporate religious elements

Suggested Schedules

1. Schedule A: Pre-marital Assets Overview: Detailed listing of each party's assets and their values at the time of marriage

2. Schedule B: Pre-marital Debts Overview: Detailed listing of each party's debts and liabilities at the time of marriage

3. Schedule C: Business Assets: Detailed description and valuation of business interests

4. Schedule D: Real Estate Properties: Listing and details of real estate properties owned by either party

5. Schedule E: Pension Rights: Overview of existing pension rights and arrangements

6. Schedule F: Valuable Personal Property: Listing of significant personal property items (jewelry, art, collections)

7. Appendix 1: Financial Statements: Recent financial statements or valuations referenced in the agreement

8. Appendix 2: Property Valuation Reports: Professional valuation reports for significant assets

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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Notarial Services

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Civil Law Notary

Family Lawyer

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Private Banker

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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