In my practice, it actually happens all the time: someone says that he married under a prenuptial agreement and that he has "therefore" arranged things properly. But when I ask which conditions, he is unable to answer.
Prenuptial agreements come in all shapes and sizes and I regularly find that people do not know the consequences of the agreements they have made. On the advice of others, prospective spouses have gone to the notary shortly before their wedding, with their minds already on the beautiful wedding day and convinced that they will never need those conditions. After all, you will stay together forever?
The cold exclusion is a not very commonly used variant. Everything that each person has stays with him/her and therefore nothing has to be settled at the end. But what about the house you buy together at some point? That is joint property and must be divided in case of divorce. But what if one of you has put some savings into the house for renovation? Or the other receives an inheritance and uses it to pay off a large portion of the mortgage debt? Then set-off claims can still arise and the division is not as simple as it seems at first glance.
Even more cunning is the periodic settlement clause. This usually stipulates that at the end of each year excess income, that is, income not spent on the household, must be settled back and forth. But who actually does that? Virtually no one. The consequences can be enormous. In fact, the law states that if that netting has not taken place, all assets present are presumed to be joint. So you may think that the money in your savings account is yours alone, while in the event of a divorce it turns out that the balance may have to be divided after all. Or: someone has a house in his name and pays off the mortgage nicely with "his own" savings. But if that savings should have been settled every year, then that also has consequences for the house. Then it is possible that the house still has to be paid off while someone thought it did not have to be paid off.
It also happens that the prenuptial agreement stipulates that in case of a divorce the settlement must be done as if you were married in community of property. Are you then actually married in community of property? The answer is: no. It is only a method of settlement.
Good prenuptial agreements start by determining for yourself what you want to achieve with them. The legal translation of that is custom work that should be discussed well with the notary. The notary ultimately draws up the deed and you both must also agree on it. Of course, it is not easy to have to discuss these matters with your fiancé shortly before the wedding. That's why you need to start it on time.
The division and settlement in a divorce where prenuptial agreements apply is a very specialized matter. It often gives the average lawyer a lot of headaches. It is also a lot of math with tricky formulas. Not to mention the legally correct determination of the starting points. What you need is a lawyer who specializes in family law and who masters these matters flawlessly. As a specialist, I can advise you on this. I am happy to help you, as a lawyer or in mediation.
Prenuptial agreements come in all shapes and sizes and I regularly find that people do not know the consequences of the agreements they have made. On the advice of others, prospective spouses have gone to the notary shortly before their wedding, with their minds already on the beautiful wedding day and convinced that they will never need those conditions. After all, you will stay together forever?
The cold exclusion is a not very commonly used variant. Everything that each person has stays with him/her and therefore nothing has to be settled at the end. But what about the house you buy together at some point? That is joint property and must be divided in case of divorce. But what if one of you has put some savings into the house for renovation? Or the other receives an inheritance and uses it to pay off a large portion of the mortgage debt? Then set-off claims can still arise and the division is not as simple as it seems at first glance.
Even more cunning is the periodic settlement clause. This usually stipulates that at the end of each year excess income, that is, income not spent on the household, must be settled back and forth. But who actually does that? Virtually no one. The consequences can be enormous. In fact, the law states that if that netting has not taken place, all assets present are presumed to be joint. So you may think that the money in your savings account is yours alone, while in the event of a divorce it turns out that the balance may have to be divided after all. Or: someone has a house in his name and pays off the mortgage nicely with "his own" savings. But if that savings should have been settled every year, then that also has consequences for the house. Then it is possible that the house still has to be paid off while someone thought it did not have to be paid off.
It also happens that the prenuptial agreement stipulates that in case of a divorce the settlement must be done as if you were married in community of property. Are you then actually married in community of property? The answer is: no. It is only a method of settlement.
Good prenuptial agreements start by determining for yourself what you want to achieve with them. The legal translation of that is custom work that should be discussed well with the notary. The notary ultimately draws up the deed and you both must also agree on it. Of course, it is not easy to have to discuss these matters with your fiancé shortly before the wedding. That's why you need to start it on time.
The division and settlement in a divorce where prenuptial agreements apply is a very specialized matter. It often gives the average lawyer a lot of headaches. It is also a lot of math with tricky formulas. Not to mention the legally correct determination of the starting points. What you need is a lawyer who specializes in family law and who masters these matters flawlessly. As a specialist, I can advise you on this. I am happy to help you, as a lawyer or in mediation.