The Separate Property Regime Becomes Mandatory in the Netherlands

The assets accumulated by the couple before marriage will not necessarily become common property.

The assets accumulated by the couple before marriage will not necessarily become common property

“For poorer, for richer…,” the passage from wedding vows that usually brings a somewhat nervous smile, has been taken to the extreme for decades in the Netherlands. Unless otherwise stated before a notary, marriages were entered into under a community property regime. The legislature sought to simplify procedures, but in the event of divorce, the division of assets could be inequitable.

Why? Because the assets accumulated by the couple before their union — including debts — became the property of both spouses from the moment of marriage. The only exceptions were personal gifts or inheritances in which it was expressly stated that the other spouse could not claim them.

To avoid abuses or surprises, in most developed countries the community of property begins only from the date of marriage. The new Dutch legislation has now been brought up to date: separate property will become the rule.

Congress approved the reform in 2016, and the Senate has just ratified it. Only Christian Democrats, Protestants, and Calvinists opposed it in the lower house. In the upper house, however, Social Democrats, radical Socialists, and members of the Party for the Animals voted against the bill, despite the fact that it had been endorsed by deputies from their own parties.

The rebel senators considered it either insufficiently ambitious or unnecessary. By contrast, left-wing liberals argued that progress was necessary because “Suriname, South Africa, and a few others” had a similar matrimonial property regime.

In 2015, 64,000 marriages were celebrated in the Netherlands, of which 1,259 were between people of the same sex. In the same year, there were 34,000 divorces, according to official figures. Since the average age of men was 37 and that of women was 34, it is statistically presumed that they had already formed a family.

Critics argue that it will now be more difficult to determine which assets are common property subject to division. As a result, there may be more traumatic divorces. Notaries are also not entirely sure about the change, because previously they certified separations of property, whereas now these will be automatic. They will still have prenuptial agreements, however, which are increasingly popular.

Taken from Diario El País.