A marriage settlement (Huwelijkse voorwaarden)
People often have a marriage settlement drawn up by a civil-law notary. There are all kinds of marriage settlements. Usually, a marriage settlement includes a set-off clause. The purpose of a set-off clause is that both spouses’ income and assets do not remain fully separate, as is the case in a matrimonial contract precluding any claim by one spouse on assets accruing to the other spouse during the marriage. Set-off clauses include arrangements about an yearly or final settlement of the assets accrued during the marriage, or part of these assets. It then concerns – briefly put – a periodic or a final set-off clause.
For people married under a marriage settlement, it could be wise to look from time to time whether the marriage settlement still fits the current situation, for the financial circumstances and division of duties in the marriage may change in the course of time. Chambers Advocaten can help you review your marriage settlement or do so periodically. In addition, we give you advice when drawing up a marriage settlement or a so-called pre-nuptial agreement or prenuptials (see the section on prenuptials).