Marriage: the legal side

Congratulations, you are getting married! Are you already fully engaged in wedding planning? If so, don't forget to look at the legal side of marriage. For instance, there are three basic matrimonial property regimes. We have prepared a white paper to guide you through these three systems and demonstrate the importance of making the right choices.

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As a married couple, you will soon buy and inherit property together, incur debts, acquire an income... In our whitepaper, we present you marital property law in a nutshell. You can download the whitepaper for free at the bottom of this article.

Here is an extract from the white paper:

The matrimonial property regime

To determine which property belongs to whom before, during and after a marriage, the law has provided rules that unite in the ‘matrimonial property regime’. These rules determine whether the property belongs to you individually, belongs to the common property or is in undivided ownership.

There are three basic matrimonial property regimes:

• the statutory system;
• the system of separation of assets;
• the total community of property system.

It is important to note that if nothing specific is laid down in a marriage contract, the legal system always applies.
A prenuptial agreement is a notarial deed in which the prospective spouses choose to marry under a different matrimonial property regime or add additional provisions. This way, the matrimonial property regime can be better adapted to the situation and needs of you as a married couple.

The essence of the marriage contract is immutable

When you marry someone, you agree to the terms that the marriage entails.

Namely:

• The obligation to live together, be faithful, help and assist each other;
• The family home can only be sold with the consent of both spouses;
• The lease of the family home can only be terminated with the consent of both spouses;
• [...]

Would you like to read and learn more about your various rights, duties and choices as a (nearly) married couple? Download the free whitepaper below. Enter your name and e-mail address, click on ‘Mail me the whitepaper’ and the whitepaper will arrive in your mailbox in no time. Good luck!

Ontvang onze whitepaper over de juridische kant van trouwen