Spousal Agreement Template for Netherlands

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Key Requirements PROMPT example:

Spousal Agreement

"I need a Spousal Agreement under Dutch law for a couple where one party owns a technology startup and wants to keep all business assets and future company growth separate from matrimonial property; the agreement should be ready for their wedding planned for March 2025."

Document background
The Spousal Agreement (also known as huwelijkse voorwaarden in Dutch) is a crucial document for couples in the Netherlands who wish to establish clear arrangements regarding their property and financial affairs, either before or during marriage. Since the 2018 reform of Dutch matrimonial property law, which changed the default regime from universal to limited community of property, these agreements have become increasingly important for protecting individual assets and establishing clear financial boundaries. The document requires notarial execution and registration in the Dutch Matrimonial Property Register to be legally valid. It typically includes comprehensive provisions about asset division, pension rights, inheritance considerations, and arrangements for potential future separation, all while ensuring compliance with Dutch civil law requirements.
Suggested Sections

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

2. Background: Context of the agreement, including the intended marriage date or existing marriage date, and purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Regime: Specification of the chosen property regime, deviating from the statutory regime of limited community of property

5. Pre-marital Assets: Clear designation of assets owned by each party before marriage and their status post-marriage

6. Future Assets: Treatment of assets acquired during marriage, including inheritance and gifts

7. Income and Earnings: Arrangements regarding income earned during marriage and its classification as private or communal

8. Debts and Liabilities: Treatment of existing and future debts, including personal and joint liabilities

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

10. Pension Rights: Arrangements regarding pension rights and their division

11. Termination Provisions: Consequences of termination of marriage through divorce or death

12. Governing Law: Specification of Dutch law as governing law and jurisdiction

13. Execution: Formal execution requirements including notarial deed provisions

Optional Sections

1. Business Assets: Special provisions for business ownership and future business interests, used when either party owns or plans to own a business

2. Intellectual Property Rights: Provisions regarding IP rights and their ownership, relevant for couples where either party has significant IP assets

3. International Assets: Special provisions for international property and assets, used when parties have assets in multiple jurisdictions

4. Children's Provisions: Arrangements regarding existing children or future children, particularly relevant for blended families

5. Family Property: Special provisions for family heirlooms or generational assets, used when protecting specific family properties

6. Cohabitation Period: Provisions regarding pre-marriage cohabitation period and its effects, relevant for couples who lived together before marriage

7. Religious Requirements: Special provisions to comply with religious requirements, used when parties wish to incorporate religious elements

8. Digital Assets: Provisions regarding digital assets and cryptocurrencies, relevant for couples with significant digital investments

Suggested Schedules

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

2. Schedule 2: Pre-marital Debts Register: Detailed inventory of debts and liabilities of each party before marriage

3. Schedule 3: Excluded Assets: List of specific assets excluded from matrimonial property

4. Schedule 4: Business Assets: Detailed description of business assets and their treatment

5. Schedule 5: Property Valuation Reports: Independent valuations of significant assets

6. Appendix A: Financial Disclosure: Complete financial disclosure statements from both parties

7. Appendix B: Inheritance Expectations: Documentation of expected inheritances or family trusts

8. Appendix C: Pension Statements: Current pension statements and arrangements for both parties

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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