Pre Marriage Agreement Template for the Netherlands

A Pre Marriage Agreement allows you to customize your financial arrangements before marriage in the Netherlands, deviating from the standard limited community of property regime that Dutch law automatically applies. Under Dutch Civil Code Book 1, this notarial document gives you control over how assets, income, debts, and inheritance will be handled during your marriage and in case of divorce or death.

When do you need this document?

You need a Pre Marriage Agreement when you want financial arrangements that differ from Dutch statutory matrimonial property law. This is particularly relevant if you own significant pre-marital assets, run a business, have international property, expect substantial inheritance, or simply prefer financial independence during marriage. The agreement is also essential for couples where one spouse has considerably more wealth, existing children from previous relationships, or professional practices that require asset protection. Since Dutch law changed in 2018 to implement limited community of property as the default regime, many couples use prenuptial agreements to maintain complete separation of assets or create hybrid arrangements.

Key legal considerations

Your Pre Marriage Agreement must comply with strict formal requirements under Dutch Civil Code Article 1:115, including execution before a qualified Dutch civil law notary. The document cannot contain provisions that violate public policy or mandatory Dutch family law, particularly regarding child support obligations and spousal maintenance rights. You must provide full financial disclosure to each other, and the agreement cannot be unconscionably unfair at the time of execution. Consider including provisions for periodic review, especially if your financial circumstances change significantly. The agreement should address treatment of income during marriage, pension rights, inheritance rights, business ownership, real estate, and debt allocation. Remember that certain assets like personal items and gifts between spouses may require special treatment under Dutch law.

Legal requirements in Netherlands

Netherlands law mandates that your Pre Marriage Agreement must be executed as a notarial deed before a licensed Dutch civil law notary, as specified in Article 1:115 of the Dutch Civil Code. The notary will verify your identities, ensure you understand the agreement's consequences, and confirm voluntary execution without duress. After execution, the agreement must be registered in the Marriage Agreements Register maintained by the Royal Dutch Association of Civil Law Notaries within the timeframe specified by Dutch Civil Code Article 1:116. If either party is foreign, certified translations may be required, and the notary will verify compliance with any applicable foreign law restrictions. The agreement becomes effective on your marriage date and remains binding throughout the marriage unless modified through another notarial deed. EU Regulation 2016/1103 on matrimonial property regimes may apply if you have cross-border elements in your marriage.