In the event of a divorce, the existing assets must in principle be divided equally in the case of a community of property regime. This is standard practice according to Dutch law if no prenuptial agreement has been drawn up. This includes, among other things, the marital home, household effects, bank and savings accounts, cars, businesses, and shares. Debts, such as a mortgage loan, are also included in the community property. In principle, each spouse is entitled to half of the assets available at the end of the marriage.
Prenuptial agreement (Prenup)
In contrast to a divorce in a community of property, in the case of a divorce under a prenuptial agreement, the assets must be settled on the basis of the agreements made.
Is foreign law applicable?
If international aspects are involved because you are married abroad, reside abroad, or do not have Dutch nationality, it will be necessary to determine which law applies to the division of the marital community (matrimonial property law), which may also be foreign law. Franssen Advocaten can advise and assist you in this matter.
