Dutch Legislation

Title 8

in force

Marriage contract (huwelijkse voorwaarden)

Civil Code — Book 1 (Burgerlijk Wetboek Boek 1) · Articles: 35

Section 1

Marriage contracts in general

1:114 Article 1:114

Antenuptial agreements may be entered into both by future spouses prior to the solemnisation of the marriage (voltrekking van het huwelijk) and by…

1:115 Article 1:115

Antenuptial agreements must be entered into by notarial deed on pain of nullity.

1:116 Article 1:116

Provisions in prenuptial agreements may only be invoked against third parties who were unaware of them if those provisions were registered in the…

1:117 Article 1:117

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…

1:118 Article 1:118

The spouse who is under guardianship (onder curatele) may, after the solemnisation of the marriage (voltrekking van het huwelijk), only make or amend…

1:119 Article 1:119 repealed
1:120 Article 1:120

Antenuptial agreements entered into or amended during the marriage shall take effect on the day following that on which the deed was executed, unless…

1:121 Article 1:121

Parties may deviate from the rules of the statutory community by means of prenuptial agreements (huwelijkse voorwaarden), provided that those…

1:122 Article 1:122 repealed
1:123 Article 1:123 repealed
1:124 Article 1:124 repealed
1:125 Article 1:125 repealed
1:126 Article 1:126 repealed
1:127 Article 1:127 repealed
1:128 Article 1:128 repealed
1:129 Article 1:129 repealed
1:130 Article 1:130 repealed
1:131 Article 1:131

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)

1:132 Article 1:132

This Section applies to prenuptial agreements containing one or more obligations to set off income or assets.

1:133 Article 1:133

The obligation to set off income or assets is reciprocal.

1:134 Article 1:134

It may be stipulated by testamentary disposition or by gift that no set-off shall take place of assets acquired through intestate succession…

1:135 Article 1:135

The set-off of income or of assets shall take place by halves.

1:136 Article 1:136

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…

1:137 Article 1:137

Without prejudice to paragraph 3, an equalization shall be effected in money.

1:138 Article 1:138

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…

1:139 Article 1:139

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…

1:140 Article 1:140

At the request of the spouse (echtgenoot) liable to provide an equalization, the court (de rechtbank) may, for compelling reasons, determine that a…

1:141 Article 1:141

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…

1:142 Article 1:142

The time at which the composition and the value of the assets to be set off are determined shall be:

1:143 Article 1:143

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…

1:144 Article 1:144 repealed
1:145 Article 1:145 repealed

Section 3

Gifts under a marriage contract

1:146 Article 1:146 repealed
1:147 Article 1:147 repealed
1:148 Article 1:148 repealed