Periodiek verrekenbeding

Periodic settlement clause

A clause in prenuptial agreements to settle unspent income annually.

A periodic settlement clause obliges spouses to settle unspent (saved) income annually. In practice, this clause is rarely executed during the marriage. Under art. 1:141 DCC, a presumption of proof applies at divorce: if the clause was not executed, it is presumed that existing assets were formed from income to be settled. This often still leads to an equal division of savings.

Because the periodic settlement clause was never executed, all accumulated assets still had to be settled.

Source: Art. 1:141 Dutch Civil Code

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