Verrekenbeding

Settlement clause

A clause in prenuptial agreements that stipulates certain income or assets must be settled.

A settlement clause is a provision in prenuptial agreements under which spouses must settle certain assets at the end of the marriage (or periodically). There are two types: the periodic settlement clause (annual settlement of unspent income) and the final settlement clause (settlement at end of marriage). If a periodic settlement clause was not observed during the marriage, it is presumed at divorce that all existing assets must be settled.

The settlement clause in their prenuptial agreement had never been executed, so all assets had to be settled.

Source: Art. 1:132-143 Dutch Civil Code

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