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Wedding or repent under marital conditions? E-mail

Wedding Well, previously it was all so different. Marriage was almost literally: "The sharing of love and suffering until death do us part". It was almost always married in community of property. Today it seems the concept of "wed" to have beaten to a formal contractual commitment.

More and more couples choose to marry under the marriage contract. It sounds sometimes paradoxiaal in the ears: a contingent way of sharing the love. True love is unconditional would be? Reason enough to make even deeper into them.

Wedding under marriage contract is done after consultation with the partner. These can only you and your partner decide whether or not you get married under the marriage and, in case you decide to do it, how these conditions will look like. A third can not decide for you and your partner about marital conditions. This can only give an opinion. The information in this article gives no personal opinion on whether or not to enter into marriage contract, but principles from which partners can decide whether the issue of marriage contract in their situation well or can not apply.

A number of aspects that we often ask in a relationship:

  • Should we get married?
  • What are marriage contract now anyway?
  • Why marry under marital conditions?
  • When and how close we marital conditions?
  • What are the disadvantages of marrying under marital conditions?

This article tries to answer these questions any way and / or suggestions without going into detail. For more in-depth information on this topic, it is wise to a legal adviser.

Should we get married?

You know your partner for a while and now you want to go further in your relationship. You want to partner with this example, a family are found. Cohabitation is usually for very obvious, but there are many who still want to go one step further and go to a marriage. This may or may not be personal, cultural or religious considerations.

The choice to get married is a choice that you make together. (Ie you and your partner and not your parents!). Since marrying consequences should it happen also considered. Wedding without proper prior consultation and agreement may lead to volatility in the marriage, sometimes with terminal consequences, ie divorce. A bad idea. The number of divorced people around you that speaks for itself. Typically, the cause of such a separation in the fact that prior to the marriage is not agreed is what we expect from each other in a marriage. Marital may help you to some good events to power on. Faith can not arise under marriage than current and future capabilities of you and your partner together in the so-called Legal overall community of goods in which each half is entitled.

What are marriage contract now anyway?

Marital conditions by notary confidentiality agreement with leading spouses for their marriage potential business impact of their forthcoming marriage arrangements.

Why marry under marital conditions?

There are a number of reasons why it is over to marry under the marriage contract.

Change in equity / debt
To begin with marital conditions often made because one of the partners wealthy and others not. There are families who are afraid to see family capital fragment and prefer that their child is not married in community of property. Think, for example, inheritance and gifts from relatives. Or any of the partners has huge debts. By advance to explain what we take in marriage to a separation in the business faster and more efficient process.

Hedge financial risks
Another reason to marry under the marriage contract is to hedge your partner's liability in the case of payment of debts.

Wedding under marriage contract should not be seen as a sign of mistrust towards the other partner. It is simply intended to display financial risks savings. Some examples are:

Vb1. In a sole proprietorship is there is no difference between your private enzakelijkvermogen. Are you debt than you should pay from both private and business from power. Are you married in community of property creditors can also claim the ability of your partner. By marrying under marriage contract can prevent this.

VB2. The partners in a VOF are each severally liable for the debts of the VOF. When the ability of the company is insufficient, you can use your private funds held liable for the debts of the VOF. Are you married in community of property creditors can also claim the ability of your partner. By marrying under marriage contract can prevent this.

Red house
Another reason to marry under the marriage contract is the following:

When the marriage contract is married to the owner in the name of the other partner be put. For example, an entrepreneur as he is not its debts creditors are obliged to sell the house.

When and how close we marital conditions?

Marital may best be made for the marriage. This is done by a notary. The cost of creating marital conditions during the marriage are substantially higher than for the marriage. We must then at least one year married. All assets and liabilities of the spouses are as a whole become each spouse is entitled to half.

The marriage should not apply when they are registered in the public marriage records so anyone who wishes to be informed can be the fact that the spouses have made a marriage settlement. The notary shall, for this entry.

What are the disadvantages of marrying under marital conditions?

The (complete) separation of power also has major disadvantages. A person who has no equity and no income acquires during the marriage will also not

bijkrijgen. Would the marriage by divorce unexpected end, then this spouse with empty hands. The practice has found various ways to this objection is more or less to eliminate, namely:

-- an annual transfer clause;

-- a final afrekenbeding ( "final" to say at the end of the marriage by divorce or death for example).

It is for the intending spouses to decide which clauses in the marriage contract they wish to take.

Another disadvantage is that the formation of marriage contract can be very sensitive to partners. People who love each other unconditionally in letterlijkste view of the word "unconditional" may be more likely to marry in full community of property after marriage than those of "topical" or "materialistischer" thinking.

Wedding under marriage contract does not necessarily something to do of love for each other because these conditions usually only after dissolution of the marriage. Also, when entering into marriage not always the case that you yourself only immunity from liability but may also benefit from your partner. It is not always fun to just prior to a marriage on these terms to talk, but to make proper arrangements can save a lot of suffering could ever come to a divorce. Nobody looks forward to a situation, but unfortunately a prosperous marriage is desirable but not predictable.

Albert Ramdhiansing


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