People often have a prenuptial agreement drafted by a civil-law notary. There are all kinds of prenuptial agreements or marriage settlements. Usually, a prenuptial agreement includes a set-off clause. The purpose of a set-off clause is that both spouses’ income and/or 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 a yearly or final settlement of the assets accrued during the marriage, or part of these assets. It then concerns – briefly put – a regular or a final set-off clause.
For people married under a prenuptial agreement, it could be wise to rethink from time to time whether the prenuptial agreement 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 do a once-only or regular review of your marriage settlement. In addition, we will give you advice about drawing up a marriage settlement or a so-called pre-nuptial agreement or prenuptials (see the section on prenuptials).