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Prenuptial agreements and the regulation of the community property
Marriage also gives rise to a community of property of the spouses, also known as the community property. This means that (with a few statutory exceptions) all property acquired during the marriage belongs to both of them. This property regime can be changed by agreement between the spouses. Modifications to the community property may take the form of a reduction or an extension of the community property. However, a similar agreement can be concluded before the marriage – a prenuptial agreement – in which the future spouses may indicate which property is and will remain in their separate property even if it will be acquired during the marriage in the future.
Concluding a prenuptial agreement or regulating the community property of spouses is not a sign of distrust towards the life partner, on the contrary, it is a sign of a responsible and open approach to dealing with joint property matters. Among other things, the regulations of the community property regime may also serve as a good protection against unexpected events and risks arising from the business of one of the spouses.
What issues do we typically handle for clients in relation to prenuptial agreements and modifications of the community property of spouses?
- How to draw up a prenuptial agreement correctly
- Drawing up a prenuptial agreement
- What can be included in a prenuptial agreement?
- How to revise a prenuptial agreement?
- In what situations is it appropriate to conclude a prenuptial agreement?
- What are the advantages and disadvantages of concluding a prenuptial agreement
- What are the advantages and disadvantages of regulating the community property
- How to negotiate the content of the future regulation of the community property?
- How to prepare documents for the conclusion of a prenuptial agreement or the reduction or extension of the community property
