Are you getting married in the next 12 months? Then you'll probably be very busy preparing: a dress, the photographer, a wedding hall, etc… But did you already think about the following? Getting married with or without a marriage contract? We're happy to inform you about the different possibilities. What's a prenuptial agreement? A couple getting married is not only sharing joys and sorrows, but also properties and debts. Everything you purchase or inherit, your income, your loans, etc… will all be "divided or distributed" between the both of you. The rules about these distributions are fixed in the prenuptial agreement. So you better know what you're dealing with. It's not a shame to inform yourself about the most important contract you will ever sign in your life. In this document you'll find a description of all common goods and everything belonging to one of the partners. What are the most popular prenuptial agreements? - Separation of goods - General community of goods - Separation of goods with community of assets, which is also automatically the prenuptial agreement when you're getting married without a contract What kind of information does a marriage contract contain? When you decide to get married with a contract, you'll have to go to a notary. He'll make a notarial deed that confirms the prenuptial agreement of both partners. Furthermore the marriage contract also contains matters related to the (personal/family) situation of the couple (f.ex. when one of the partners has children from a former relationship) or specifications the couple chooses to arrange differently from the chosen agreement. Which rules cannot be deviated from? No matter which prenuptial agreement you choose, your marriage contract cannot contain legal determinations contradictory to the rules applicable to all married people. A few examples: Spouses are obliged to cohabitate; they owe each other loyalty, help and assistance The family house can never be sold without permission of the partner, even if the house is owned by only one spouse; A spouse cannot terminate the lease of the property used as the family house, even if the lease contract was signed by one of the partners before the marriage Every spouse should contribute in the expenses of the marriage, in proportion to his/her ability A spouse can only use his/her partners name in professional matters when this partner permits the spouse. Once this permission has been given, it can only get remitted for serious purposes.
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