Some marital agreements exclude all ownership groups. This form of prenup is becoming more and more common. Foreign post-ascendant agreements are governed by the same rules as foreign pre-marriage contracts (see above). The obligation for spouses to care for each other will persist even after the dissolution of the marriage. If an ex-spouse`s income is not sufficient to cover his or her cost of living and cannot reasonably be expected to receive the required level of income, he or she may ask the court to impose support payments on the other ex-spouse for the cost of living. The court may do so in the divorce decision or in a subsequent order. In calculating support payments, the court takes into account the needs of the spouse receiving the payment and the resources of the other spouse. Non-financial factors may also be taken into account, such as the length of the marriage or the lifespan of the spouses. If the court does not set a limit for the duration for which the payment is contingent, the support obligation ends after 12 years. In cases where the dependent spouse is in particular financial difficulty, he or she may ask the court to extend the period. If a marriage has been short (less than five years) and has not produced a child, the period during which support payments must be paid does not exceed the duration of the marriage itself. If spouses or ex-spouses agree on support payments, they can register the agreement as part of a divorce comparison. If spouses wish to enter into agreements that deviate from the provisions of matrimonial law or ensure that their marriage is subject to the law of a particular country, they should enter into a marriage or post-pptial agreement.
In the Netherlands, this must take the form of a notarial deed. Even if a couple who live together chooses not to formalize their relationship, the fact that they live together still has legal consequences. There is, for example, an impact on income tax and social security deductions and benefits. You can enter into a contract (cohabitation contract) that organizes a large number of issues related to cohabitation and sharing of a house, for example. B a couple may agree to support each other financially and to share the costs of running a household. They can also make arrangements for the use of each other`s bank accounts, or share or share their assets. The couple can settle these matters on their own, but it is often advisable to have a formal agreement on cohabitation established by a notary. This is necessary to qualify for certain benefits, such as partner pension plans and thought-aids. You can learn more about a notary`s role in introducing legal issues.
Where all communal property conditions have been excluded, ex ante compensation may include certain compensation clauses that reduce the effects of exclusion on the spouse whose income or wealth is lower. The agreement may include either an annual creation clause that requires spouses to compensate each other at the end of each year, or there may be a final solicitation clause requiring spouses to compensate each other in the event of divorce. Sometimes a final compensation is due to the amount if there had been a condominium! Compensation is not mandatory, but it has been common for many years for notaries to recommend the inclusion of compensation clauses. However, in the Netherlands, only civil notaries have the legal authority to develop and register (officialize) a marriage agreement. Lawyers may not do so by law. A marital agreement may repeal the legal provisions and stipulate that some or all assets and liabilities remain the separate property or liability of each spouse.