No Nuptial Agreement Template for Netherlands

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Key Requirements PROMPT example:

No Nuptial Agreement

"Need a No Nuptial Agreement document for a Dutch marriage planned for March 2025, where one party owns a small business and has significant international assets in Germany, requiring clear documentation of pre-marriage assets and business ownership structure."

Document background
The No Nuptial Agreement document is utilized in the Netherlands when couples decide to marry without establishing specific matrimonial property arrangements, thereby accepting the statutory regime of limited community of property. This document became particularly relevant after the January 1, 2018 reform of Dutch matrimonial property law, which changed the default regime from universal to limited community of property. While not legally required, this document serves as important evidence that both parties made an informed decision about their matrimonial property regime. It typically includes declarations of understanding about how assets and debts will be treated, inventories of pre-marriage assets, and acknowledgments of the legal implications of marrying without a prenuptial agreement. The document is particularly useful for future reference and in protecting both parties' interests by clearly documenting their conscious choice to follow the statutory regime.
Suggested Sections

1. Parties: Identification of both prospective spouses, including full legal names, dates of birth, current addresses, and occupations

2. Background: Context of the relationship, intention to marry, and conscious decision to not enter into prenuptial agreements

3. Definitions: Key terms used in the document, including 'community property', 'private property', and other relevant legal terminology

4. Acknowledgment of Legal Regime: Explicit statement that parties understand they will be married under the statutory regime of limited community of property

5. Pre-marriage Assets: Declaration and listing of major assets owned by each party before marriage

6. Understanding of Community Property: Explanation of what will constitute community property (assets and debts acquired during marriage)

7. Understanding of Private Property: Explanation of what will remain private property (pre-marriage assets, inheritances, gifts)

8. Liability for Debts: Explanation of how debts will be treated under the statutory regime

9. Declarations: Statements confirming both parties understand the implications of not having a prenuptial agreement

10. Signatures: Formal execution section including date and signatures of both parties

Optional Sections

1. Business Assets Declaration: Section detailing any business interests owned by either party, recommended when either party owns a business

2. International Assets: Section addressing assets in other countries, needed when either party has foreign property or investments

3. Inheritance Expectations: Section addressing expected future inheritances, useful when significant inheritances are anticipated

4. Pension Rights: Detailed section about pension rights and their treatment, recommended for parties with significant pension assets

5. Previous Marriage History: Section addressing any previous marriages and related obligations, required if either party was previously married

Suggested Schedules

1. Schedule A - Pre-marriage Assets Register: Detailed inventory of significant assets owned by each party before marriage

2. Schedule B - Pre-marriage Debts Register: Listing of any significant debts or financial obligations existing before marriage

3. Appendix 1 - Legal Framework Summary: Summary of relevant Dutch matrimonial property law provisions

4. Appendix 2 - Financial Statements: Recent financial statements or summaries for each party if significant assets are involved

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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