The marital property regime governs, for example, who owns the existing assets during marriage, upon liquidation of the marital property (in the event of death, divorce or change of the marital property regime) or how asset growth during marriage is divided. With a marital contract requiring public certification, the engaged or married couple may choose, to a certain extent, to modify certain regulations pre-defined by the legislator to suit their requirements. Thus, for example, the legal marital property regime of jointly acquired property can be modified in such a manner that the spouse is most-favoured, company dividends are allocated to his or her property or that, based on marital or inheritance law considerations, a division of goods or community of property is agreed upon. The marital contract may also be combined with a contract of succession. Our notaries will gladly provide advice on choosing the best approach and carry out all required public notarizations.
Marital contracts may be kept either by the respective person, handed over to a third party for safekeeping or deposited with an official authority. If requested, our notaries will organise the depositing of the marital contract with a competent authority.