Division of Property

If you did not prepare a notarized prenuptial agreement prior to your marriage and have not implemented such an agreement during your marriage, under Dutch law all assets are considered community property. This means that after separation, each spouse is entitled to half of the assets, including the home, furniture, bank balances, loans, cars, insurance and pensions. These assets should be divided equally between the spouses. Alternative distribution arrangements may be mutually agreed upon, provided they are outlined in the divorce settlement agreement.

If there is a prenuptial agreement already in place, then this should be settled in the divorce. Prenuptial agreements often include settlement clauses specifying that disposable income (income that remains after the household expenses are paid) must be taken into account. If there is no prior agreement in place, then the matter will need to be settled during the division of property.

If you were married in another country, are a resident of another country, or are of non-Dutch nationality, we must determine which country’s law is applicable in the distribution of community property (marital property).
Franssen Advocaten can advise you on the above issues and represent you in legal proceedings.

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