To begin with
Your marriage regulates many things. Still, it is good to know what the surviving spouse receives, can decide on, and must coordinate with the children.
“When making agreements about money, care or inheritances, careful listening is essential.”
Your questions, step by step
You want to move forward together. We calmly explain which agreements fit your family and what they mean for each of you.
Why do I go to the notaire for this?
The notaire explains what applies without a contract and which agreements suit your family. a marriage contract is necessary if you want to deviate from or supplement the statutory regime.
Do we need a marriage contract?
Make an overview of each person's assets, debts, professional risks and family.
Compare what the possible agreements mean in case of separation and death.
Discuss the draft together and sign the notarised deed.
How does this proceed and how long does it take?
If you want the contract to apply from the marriage, have it signed before the wedding day. Changing it later is also possible but requires a new evaluation and deed.
Inform us of your wedding date in good time.
Which documents should I provide to the notaire?
Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.
Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Which regime and which law apply now?
- What is own, what is communal and who carries the debts?
- What do the proposed agreements mean for partners and children?
- Which registration and tax consequences are involved?
We agree on which searches the office will conduct and which information you, your bank or another expert will provide.
What should I pay attention to before I sign?
Check what remains own, what becomes communal and who carries the debts. Ask what each arrangement means for the surviving partner and for children from a previous relationship.
Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.
What else must I arrange afterwards?
The office ensures the required registration. Keep proof of own funds.
Have the contract reviewed when there are children, a business, a donation or a move abroad.
Which practical tips can help me?
Ask to explain your choice using your own home, savings and loan. This makes the consequences concrete.
What do these words mean?
- Matrimonial property regime
- the rules about ownership and debts between spouses.
- Community property
- the assets that, within the chosen system, belong jointly to both spouses.
- Separation of property
- a system in which each person essentially retains their own assets.
Where can I find more explanation or help?
You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.
We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.
Ask your question to the officeMake an AppointmentNotaris.be: drawing up a marriage contractGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
What happens if you arrange nothing extra?
YOUR STARTING POINT
If your partner dies, it is first determined what belongs to you and what belonged to your partner. Your own assets do not suddenly become an inheritance. Only after that is it decided what you receive from the inheritance. That is why your marriage contract is so important.
More points to consider for your own situation
You have children
According to the statutory inheritance law, the surviving spouse generally receives the usufruct of the estate and the children receive the bare ownership. The surviving spouse can use the assets and receive income, but does not have the same freedom for every action as a full owner.
The spouse also generally has a reserved portion: the usufruct of half of the calculation base, with at least the usufruct of the family home and household goods. There are legal exceptions. The reserves of the children and the spouse must be assessed together.
You have no children or other descendants
In conjunction with certain close relatives, the spouse generally inherits the community property and the share of the deceased in property held exclusively undivided between the spouses, in full ownership. For other separate assets, the spouse can receive usufruct and the family bare ownership.
Which relatives survive is therefore decisive. More distant family do not have the same position as parents, brothers or sisters. A will can be useful if you want separate assets to go fully to your spouse.
There are children from a previous relationship
Each child is primarily heir to their own parent. A stepchild does not automatically inherit from a stepparent. What the surviving spouse receives in full ownership later does not automatically end up with all children from both relationships.
Discuss per asset who should be able to use it, who should be able to decide on it and who should ultimately become the owner. Some marital benefits towards non-common children are subject to special limits.
In case of divorce: which system do you have?
In the statutory system, your own assets remain yours in principle. The net community property is in principle divided equally after necessary settlements have been settled. Salary built up during the marriage is usually community property, even if it is in an account in one name.
In separation of property, own income and assets remain separate in principle. Jointly acquired assets must be divided, however. A settlement clause, added internal community property (TIGV), an additional joint part in the marriage contract or other clause may provide additional rights. Earning less does not automatically entitle you to half of the other’s assets growth in pure separation of property.
A brought-in house does not automatically revert without settlement just because of its earlier separate character. Read the possible reclaim clause. A choice clause for death likewise is not automatically applicable in divorce.
Living apart de facto is not yet a divorce. During an ongoing separation also have the consequences of an unexpected death explained and check mandates, wills and beneficiaries.
On death: first divide, then inherit
First, your matrimonial assets are settled. Only then is it clear what is included in the deceased's estate. Then law and will determine who gets what from that. Consequently, the same will can have a different practical outcome under two different matrimonial property regimes.
With children, the spouse generally receives usufruct of the estate according to statutory inheritance law and the children receive bare ownership. Usufruct offers use and income, but not the same freedom as full ownership. Normally their cooperation is also required to sell the full ownership.
Therefore ask specifically: can I keep living here, can I move independently and do I have sufficient money? A choice clause or other appropriate arrangement can change the possibilities. In a blended family, the destination at the second death also explicitly belongs to the discussion.
What can you arrange yourself?
YOUR CHOICES
Which choice helps you achieve what you want? That also depends on your existing agreements and the rights of your partner, children or others.
We want to let the surviving spouse choose later
Does this suit your question?
You want to keep options open to consider the needs at the first death.
What changes?
A choice clause in an appropriate marriage contract can provide options about the allocation of assets.
What requires attention?
The precise clause determines the possibilities. The tax consequences and children's rights must be calculated for the choice.
View the choice clause →We want to have our existing arrangement reviewed
Does this suit your question?
You have an old marriage contract or an arrangement you know as "the survivor takes all".
What changes?
A review clarifies which goods and rights the clause actually assigns. Sometimes confirmation is enough, sometimes a modification should be discussed.
What requires attention?
Do not rely solely on the name of the clause. An automatic assignment can be less flexible than you expect.
More about your marriage contract →We also want to specifically benefit children or others
Does this suit your question?
You want to give a particular place to a child, grandchild or another person alongside your partner.
What changes?
A will or gift can complement your marriage contract.
What requires attention?
The documents must not contradict each other. Previous gifts, reserved portions and a blended family also determine what is possible.
Compare will and gift →A HYPOTHETICAL EXAMPLE
A couple with children wants the surviving partner to be able to move independently later on. Just knowing that the partner receives usufruct does not answer who can sell the property in full ownership. A discussion about the marriage contract clarifies whether the existing arrangement aligns with the desired freedom.
What do I ask the notaire?
You do not need to memorise these terms. Bring the questions that suit you. Feel free to ask to see the answer with your own home, your money and the people you want to protect.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
What does my partner receive from our matrimonial property, and what from my inheritance?
Have those two steps shown separately. What already belongs to your partner does not need to be inherited.
What does our arrangement mean if we were to divorce?
Also ask about separate contributions, reduced work, and jointly paid investments.
Who needs to cooperate if the surviving partner wants to move later on?
Usufruct and full ownership offer different possibilities.
Where do the assets go upon the second death?
This requires extra attention when there are children from previous relationships.
Frequently Asked Questions
Does separation of property mean my partner inherits nothing?
No. The matrimonial property system first determines what belongs to whom. Inheritance law then determines what the spouse gets from the estate. Even with separation of property, there is in principle an inheritance right for the spouse. Any additional solidarity requires tailor-made solutions.
Is a choice clause always more advantageous?
No. It offers choice within agreed limits, but each option has legal and fiscal consequences. What the surviving partner needs must first be clear.
Do we as spouses still need an extrajudicial protection mandate?
Marriage does not grant unlimited authority to perform all personal or patrimonial acts for each other. An extrajudicial protection mandate can specify in advance the representation you wish.
Bring this to your consultation
- Your marriage contract and later amendments.
- An overview of separate, joint and undivided assets.
- Wills, extrajudicial protection mandates and previous gifts.
- Information about all children and your wishes for the surviving partner.
Frequently Asked Questions
FROM READING TO PREPARATION
Already a first answer.
Must I first find all the documents?
You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.
How do I prepare a conversation with my relatives?
First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.
What if I am unsure between different solutions?
Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.
EASY PREPARATION
Your checklist: marriage contract or modification
Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.
Useful websites on this topic
RELIABLE CONTINUED READING
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
You save this for your own consultation. The office does not receive anything via this button.