Title 8
in forceMarriage contract (huwelijkse voorwaarden)
Section 1
Marriage contracts in general
Antenuptial agreements may be entered into both by future spouses prior to the solemnisation of the marriage (voltrekking van het huwelijk) and by…
Antenuptial agreements must be entered into by notarial deed on pain of nullity.
Provisions in prenuptial agreements may only be invoked against third parties who were unaware of them if those provisions were registered in the…
Antenuptial agreements made or amended prior to the marriage shall only be valid if those whose consent to the marriage is required have given their…
The spouse who is under guardianship (onder curatele) may, after the solemnisation of the marriage (voltrekking van het huwelijk), only make or amend…
Antenuptial agreements entered into or amended during the marriage shall take effect on the day following that on which the deed was executed, unless…
Parties may deviate from the rules of the statutory community by means of prenuptial agreements (huwelijkse voorwaarden), provided that those…
If a dispute arises between spouses who are not married in community of property as to which of them a right to bearer or a thing that is not a…
Section 2
Set-off clauses (verrekenbedingen)
This Section applies to prenuptial agreements containing one or more obligations to set off income or assets.
The obligation to set off income or assets is reciprocal.
It may be stipulated by testamentary disposition or by gift that no set-off shall take place of assets acquired through intestate succession…
The set-off of income or of assets shall take place by halves.
If an asset has been acquired by applying assets subject to set-off, the acquired asset shall be attributed to the assets subject to set-off in the…
Without prejudice to paragraph 3, an equalization shall be effected in money.
One spouse is not liable to the other to account for the administration of his property. Poor administration of such property does not give rise to…
A spouse may petition for the termination of the mutual obligation to set off, when the other spouse incurs debts in a light-hearted manner, wastes…
At the request of the spouse (echtgenoot) liable to provide an equalization, the court (de rechtbank) may, for compelling reasons, determine that a…
If an obligation to set off relates to a period of the marriage specified in the antenuptial agreements and no settlement has been made in respect of…
The time at which the composition and the value of the assets to be set off are determined shall be:
From the points in time mentioned in the first paragraph of Article 142, each of the spouses may petition that the assets of the other spouse subject…
Section 3