Koude uitsluiting

Complete exclusion

Prenuptial agreement excluding any community of property and any settlement clause.

Complete exclusion is the most far-reaching form of prenuptial agreement, in which any community of property is excluded and no settlement clause is included. Each spouse retains their own assets and income. At divorce there is in principle nothing to divide: each keeps what is in their name. This can lead to unreasonable outcomes, particularly if one spouse had no income of their own. In exceptional cases, the court may correct this based on reasonableness and fairness.

Due to the complete exclusion, she had no rights to his assets after thirty years of marriage.

Source: Art. 1:114 et seq. Dutch Civil Code

Problems at work?

Schedule a free consultation with one of our employment law specialists. We speak your language.