Marital property law (Dutch law)

You married in community of property

If you did not enter into a marital property agreement, you automatically married in community of property and either the former statutory regime or the current statutory regime may apply.

Before 1 January 2018
If you married in community of property before 1 January 2018, the starting point is that all assets and debts are divided equally (50/50).

On or after 1 January 2018
If you married on or after 1 January 2018, only the assets and debts acquired during the marriage and any assets jointly owned before the marriage are shared. Personal assets and debts owned before the marriage, and any gifts and inheritances received before and during the marriage, fall outside the division.

You married under a marital property agreement

If you married under a marital property agreement, the agreement sets out how assets and debts are to be divided upon divorce. Marital property agreements often contain a periodic settlement clause or a final settlement clause. If the periodic settlement clause has never been performed, it is assumed that all assets and debts form part of the assets to be settled and must still be divided equally (50/50).
 

If you agreed a final settlement clause under which settlement takes place as if you were married in community of property, all assets and debts must likewise be settled equally.
 

Marital property agreements often include exceptions for certain assets that are excluded from settlement, such as a business or the family home. The division or settlement therefore depends on the specific terms of your agreement.