Your marriage contract
What belongs to whom?
And what do you want to arrange together?
Discover our guidance ↓To begin with
What remains yours? What do you share with your partner? And what happens if one of you dies or if you separate? Your marriage contract helps answer those questions.
"Listening carefully protects both the truth and the relationship."
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
Marriage contract in plain words
01
Your matrimonial property regime determines what is owned individually or jointly and how to settle accounts upon divorce or death.
Imagine three lists: yours, your partner's and joint. Your matrimonial property regime decides on which list an asset or income belongs. A marriage contract sets out your choice and any adjustments. The name on an account does not always give the answer.
Where does this protection end?
Separation of property does not mean your spouse inherits nothing. First, you determine what belongs to whom. Only then do you consider who inherits what. An agreement that protects upon death may work differently in case of divorce.
Relate it to your life: Do you know what your partner receives if you die, and what each keeps if you separate?
What belongs to me, to you or to both of us today?
02
Think of your matrimonial property regime as an inventory with rules. It determines in which drawer a house, salary or debt belongs. A marriage contract is the notarial deed where you select or adjust these rules. It is thus much more than a provision for a possible divorce.
In the legal régime there are basically three estates: your individual estate, that of your spouse and the joint estate. Assets acquired before marriage and what you inherit or receive as a gift personally generally remain individual. Income from employment during the marriage and income from individual goods generally enter the community. Evidence and differing arrangements can be decisive.
In separation of property, each generally retains their individual estate and income. You can still buy a home together: then each owns a share in that property. That does not make all your assets jointly owned. Additional agreements can protect the partner who earns less or takes on caregiving duties.
The name on an account does not always reveal the legal owner. Conversely, paying for your partner's home renovation does not automatically make you co-owner. Therefore, we review both the deed and the origin and use of the money.
What happens in case of divorce?
03
First, it is established which assets and debts belong to whom. Then any reimbursements are calculated and what is joint is divided. A reimbursement is, for example, an amount owed by the common estate because it was enriched with your individual money. The person claiming reimbursement must be able to prove the relevant facts.
In the legal régime the net joint estate is generally divided equally after necessary settlements. That does not mean each asset is physically split in two. One partner can for example take over the property and pay the other a compensation. Value, loan and financeability determine if that is possible.
In pure separation of property there is no automatic equal division of all assets accumulated during the marriage. Joint assets must be divided. A settlement clause or other agreed protection can change the result. A partner who worked less for years therefore does not automatically have right to half of the other's estate simply because of that choice.
Living apart does not end the marriage. The date on which the matrimonial property consequences of divorce take effect also requires attention. An agreement on who pays the loan does not automatically release you towards the bank: its approval is required.
What happens if one of us passes away?
04
There are two steps. First, the matrimonial estate is settled. Your individual assets and what you receive from that settlement are yours. Only then is your spouse's estate divided. That consists of their individual assets and their share after the settlement, taking debts into account.
A fictitious example without debts or special clauses: the community contains €400,000. In principle €200,000 is for the surviving spouse from the settlement. The other €200,000 is part of the estate, along with any individual assets of the deceased. If there are children, they legally receive the bare ownership of that estate and the spouse the usufruct. The individual €200,000 of the survivor is not inheritance.
Separation of property does not remove your spouse’s legal inheritance rights. A choice clause, will or particular family situation can change the outcome. Also consider the second death: assets that the survivor receives in full ownership do not automatically pass later to the children of the first deceased.
What can you prepare yourself?
05
- Make three lists
Note individual assets, your partner's assets and joint assets. Also write down how and when you acquired them.
- Also consider the partner who cares
Discuss what working less means for building wealth and protection in case of a break-up.
- Keep the money trail
Bring gift deeds, inheritance documents and payment proofs when individual money was used in a joint purchase or renovation.
- Have two outcomes explained
Ask how the same clause works in case of divorce and in case of death. A benefit for the survivor does not necessarily apply upon a break-up.
What do I ask the notaire?
06
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 belongs to me, my partner and us together?
Ask to place your true assets in those three places, with their origin noted.
What if one of us works less to care for the family?
Have explained how your regime affects wealth building and settlement upon a break-up.
What changes does this clause make in case of divorce and in case of death?
Request two separate outcomes. One arrangement may work differently at each moment.
Do our wills and gifts still align here?
Bring the existing documents so their combined effects become clear.
The details that make a difference.
FOR THOSE WHO WANT TO READ FURTHER
View the conditions, possible variants and legal basis for your question.
What arrangements have you already made?
An account in two names does not yet indicate under which matrimonial property regime the money falls. Even with separation of property, there may be agreements to share certain assets or settle amounts. Therefore, look at what your contract says, not just the title.
What do you want to arrange for each other?
Which assets fall under the arrangement?
Distinguish between own assets, community assets and assets you jointly own in undivided co-ownership (you jointly own the same asset, each with a share). Also determine what happens with debts and compensations.
What happens in case of divorce?
Do you want to take back contributed capital? Should joint investments be compensated? The arrangement in case of divorce requires a specific formulation.
What happens upon death?
Do you want an automatic allocation, or a choice for the surviving spouse? Specify which assets and rights the choice relates to and how it should be exercised.
Which rights do the children retain?
Common and non-common children do not have the same status regarding matrimonial benefits. Contributed own assets also require special attention with common children.
Which statutory rules apply?
Freedom of contract is provided in article 2.3.1 of the Civil Code and remains limited by mandatory law, public order and the coherence of the chosen regime. A marriage contract is notarised (article 2.3.6 CC). Article 2.3.8 CC regulates amendment during marriage. For community property, articles 2.3.52 to 2.3.60 CC are important; for compatible additions to separation of property, article 2.3.64 CC.
Source: Civil Code, Book 2, Title 3: property regimes between spouses.
An example to start with
RECOGNISED IN PRACTICE
You want to better protect your partner or family, but there is already a deed. Bring that along and note what has changed since signing. This way the conversation can start from your existing arrangements.
An illustrative example. Your own situation may be different.
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.
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