Matrimonial property law lays down the rules concerning each person's share of the assets of the partners. Spouses may organize their matrimonial property either as a community of property or on the basis of a prenuptial or postnuptial agreement. If you marry without having any arrangement concerning your and your partner's assets drawn up by a civil-law notary, you are automatically married in community of property. This means that all property and debts that you and your partner had before the marriage are merged at the moment you marry. Similarly, all property and debts that are added during the marriage are common property. In order to prevent situations arising such as where debts incurred by your partner can be recovered from your own assets, you can have a prenuptial or postnuptial agreement drawn up. After your marriage has ended, either by death or divorce, the debts and property will be divided in accordance with this agreement.
Sometimes it is advisable, such as for tax reasons, to amend or cancel the prenuptial or postnuptial agreement during the marriage. In addition, the problem of prenuptial or postnuptial agreements not being adhered to is becoming increasingly relevant. For example, only 10% of all couples who have agreed an annual settlement of their assets in their prenuptial or postnuptial agreement actually do so. This may lead to a situation, for example, where a director and major shareholder is required to set off half of the value of his business. In order to avoid this problem, it is recommended that you have your prenuptial or postnuptial agreement checked on this point.
CMS Derks Star Busmann takes care of drawing up, amending or cancelling prenuptial or postnuptial agreements. Our specialist civil-law notaries will take careful account of your situation and current legal issues. Naturally you can also call on them to draw up partnership agreements and cohabitation contracts.
With divorces, our lawyers have specific expertise in assisting with the division of assets, the resolution of the prenuptial or postnuptial agreement with corporate aspects, the winding up of a partnership, retirement from a partnership and the position of the director and major shareholder.
