Why have a prenuptial agreement?
In the Netherlands, prenuptial agreements are drawn up by a notary public. It is not mandatory to have your own advisor, but it is strongly recommended that you seek independent advice on prenuptial agreements. Prenuptial agreements are binding. This means that in the event of a divorce, the Dutch court will accept the contents of the prenuptial agreement as fact. Marital property will then be divided or settled according to the agreements you made with your ex-partner in the prenuptial agreement.
Prenuptial agreements are only set aside in very exceptional situations. There must be a so-called "lack of capacity" at the time the prenuptial agreement was entered into. Think of situations where one of the parties was pressured into signing.
For a prenuptial agreement to be valid abroad, it is not always sufficient that it was drawn up exclusively by a Dutch notary and that the notary advised both parties jointly on the prenuptial agreement. It is also not self-evident that a prenuptial agreement is binding abroad. For example, many Anglo-Saxon countries require that full financial disclosure be made, or at least that the parties have had the opportunity to do so, prior to entering into the prenuptial agreement. The parties must also have taken independent legal advice before entering into the agreement, and there is often a deadline for entering into the agreement - for example, that it must be entered into no later than 30 days before the marriage.
International advice on prenuptial agreements: increase your legal certainty
Are you considering moving abroad after your marriage, or are you living abroad at the time of your marriage? If so, it is advisable to take into account the requirements of your country of (future) residence when drafting your prenuptial agreement. This will prevent legal problems in the event of divorce or death.
Advice on prenuptial agreements in an international context requires specific legal knowledge. Independent advice is therefore not a luxury but a necessity. Although no guarantees can be given, there is much you can do to make your prenuptial agreement acceptable abroad. This will increase the likelihood that your assets will be distributed in accordance with the agreements you have made with your partner.
As independent legal advisors specializing in the drafting of prenuptial agreements, both nationally and internationally, we can assist you.
