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Preparing Pre-Nuptial Agreements with a Notary in the Netherlands

What is a pre-nuptial agreement?

A pre-nuptial agreement, also known as a prenup, is a legal contract that a couple enters into before getting married. This agreement outlines how assets and finances will be divided in the event of a divorce or separation.

Why should I consider getting a pre-nuptial agreement?

A pre-nuptial agreement can provide peace of mind and clarity for both parties in a marriage. It can help protect assets and ensure a fair division of property in case of a divorce. It can also help avoid lengthy and costly legal battles in the future.

How can a notary in the Netherlands help with preparing a pre-nuptial agreement?

A notary in the Netherlands is a legal professional who is authorized to draft and certify official documents, including pre-nuptial agreements. They can provide expert guidance and ensure that the agreement is valid and legally binding.

What are the estimated prices for notary services for pre-nuptial agreements in the Netherlands?

The prices for notary services for pre-nuptial agreements in the Netherlands can vary depending on the complexity of the agreement and the time spent on drafting and reviewing it. On average, the cost can range from €500 to €1000.

What are the steps involved in preparing a pre-nuptial agreement with a notary in the Netherlands?

1. Consultation: The first step is to schedule a consultation with a notary to discuss your situation and what you want to include in the agreement.

2. Drafting: The notary will draft the agreement based on your wishes and the legal requirements in the Netherlands.

3. Review: Both parties should carefully review the agreement and make any necessary changes before signing.

4. Signing: The agreement must be signed in the presence of the notary and two witnesses for it to be legally binding.

5. Registration: The notary will register the agreement with the Dutch Civil Registry to ensure its validity and enforceability.

Frequently Asked Questions

• Can a pre-nuptial agreement be changed or cancelled after marriage?
• What happens if we do not have a pre-nuptial agreement in the Netherlands?
• Do we both need to have separate notaries for the agreement?
• Can a notary also act as a mediator in case of disputes?
• Is it possible to include clauses for child custody and support in a pre-nuptial agreement?

Question	Answer
Can a pre-nuptial agreement be changed or cancelled after marriage?	Yes, a pre-nuptial agreement can be amended or cancelled after marriage, but it requires the consent of both parties and must be registered with the Dutch Civil Registry.
What happens if we do not have a pre-nuptial agreement in the Netherlands?	If a couple does not have a pre-nuptial agreement, Dutch law will determine the division of assets and finances in case of a divorce or separation.
Do we both need to have separate notaries for the agreement?	No, both parties can use the same notary for the pre-nuptial agreement, but it is recommended to have separate legal counsel for unbiased advice.
Can a notary also act as a mediator in case of disputes?	Yes, a notary can act as a mediator in case of disputes, but only if both parties agree and sign a mediation agreement.
Is it possible to include clauses for child custody and support in a pre-nuptial agreement?	Yes, it is possible to include clauses for child custody and support in a pre-nuptial agreement, but the court may not enforce them if they are not in the best interest of the child.