Huwelijkse voorwaarden met gescheiden vermogens. Koude uitsluiting in het licht van de dynamische en affectieve relatie van echtgenoten. - PhDData

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Huwelijkse voorwaarden met gescheiden vermogens. Koude uitsluiting in het licht van de dynamische en affectieve relatie van echtgenoten.

The thesis was published by Flos, Alexander George Frans Marc, in May 2023, VU University Amsterdam.

Abstract:

This research examines the problems arising upon divorce in the event spouses concluded a prenuptial agreement consisting of complete separation of property under Dutch law. If spouses do not sign a prenuptial agreement, the default matrimonial property regime applying in the Netherlands since 2018 is a limited community of property. This limited community of property covers premarital assets held in joint ownership and assets acquired during the marriage. This is a form of solidarity that protects the less monied spouse. Spouses can also sign a prenuptial agreement containing a more limited community of property, or complete separation of property with a netting covenant which results in in a participation of certain acquisitions during the marriage. Relinquishing this protection by signing a prenuptial agreement consisting only of complete separation of property can therefore be a dangerous choice. In essence, the main question of this research concerns the extent to which the prenuptial agreement consisting of complete separation of property continues to be justified in view of the detrimental consequences that such an agreement can have in the event of divorce, given that spouses signing such an agreement do not share in each other’s assets either during or at the end of the marriage. The adverse consequences in the event of divorce can include serious financial problems and feelings of unfairness.



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