MARITAL CONDITIONS BECOME THE NORM

Last week a law was passed that ensures that people do not automatically marry more in the community of goods.

This law ensures that debts and assets accumulated before the marriage are not automatically shared. This means that in case of an unexpected divorce, these matters do not have to be shared. This also means that inheritances and donations do not automatically fall into the so-called estate in a divorce.

That is the other side of the marriage. Meanwhile, statistics show that 1 in 2 married couples also divorce again. It took years before this legislation was adopted. There was a lot of resistance from, among others, the association of notaries who expect a lack of turnover through this legislation. Now you do not have to have a special deed drawn up to, for example, exclude donations. Suppose that such an exclusion clause is not included, a gift and inheritance also falls into the joint capital. Some donors realize that it is only at the less pleasant moment in life, such as when dividing the assets during the divorce.

Also the debts do not have to be shared with this new situation. Sometimes the partner is not aware of these debts without the debts and can be unpleasantly surprised during a divorce. These debts then no longer belong to the joint property.

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Updated: May 17, 2019 — 10:33 pm

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