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Living together & protection · Notarial deeds

Marriage contract and modification

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You share your life. How are your assets and debts arranged?

Agreements on ownership, protection and settlement, before or during your marriage.

“The goal is not victory, but a shared starting point.”
Paul Wellens

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?
  1. Make an overview of each person's assets, debts, professional risks and family.

  2. Compare what the possible agreements mean in case of separation and death.

  3. 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 applicable
What 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 contract

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

On this page

What does this regulate?

01 · UNDERSTAND

A marriage contract determines, within the legal possibilities, how your assets as spouses are organised. You can make agreements when marrying and modify your arrangement later. A notarial deed is required for this.

We review your existing system, separate assets, joint accrual and professional risks. A contribution, choice clause or other provision only has meaning when it is clear what it changes for each of you.

A RECOGNISABLE SITUATION

One spouse contributes a private residence into a joint estate. We discuss not only protection in case of death, but also if and how recovery is arranged upon divorce.

What requires attention?

02 · CHOOSE CONSCIOUSLY

Protection upon death and a balanced settlement upon divorce are separate issues. A clause that helps in one can have an unwanted consequence in the other.

Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.

More points to consider for your own situation

An elderly couple walking together

03 · YOUR INTENTION

You do not need to be able to answer all this in advance. Your doubts are also a good starting point.

Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.

  1. What did each own before the marriage and what was acquired later?

    Make an overview of assets and debts with their origin and date of purchase. Include proof of inheritances, gifts and important personal contributions.

  2. Who takes care, who earns income and how do you want this to be considered?

    Describe how you divide work, income and caregiving tasks and what you consider fair. Also indicate what you want to provide for if one of you works less.

  3. Do you want to make something joint or keep it separate?

    Specify concrete assets, such as the house, savings or a business. Have each asset explained in terms of what a change means during the marriage and upon its termination.

  4. What choices should the surviving partner be able to make?

    Note the freedom the surviving partner needs regarding residence, income and assets. Also discuss what this means for the children.

  5. Are there children from a previous relationship or professional debts?

    List all children, prior agreements and professional risks. This way, the interests of partner, children and any creditors are considered together.

What do we need, and why?

04 · PREPARATION

Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.

Identity and contact details

To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.

Marriage contract and all amendments

To see which arrangement applies today.

Deeds of ownership and overview of assets and debts

To calculate the consequences of any change concretely.

Gifts, wills and relevant family arrangements

To avoid conflicting arrangements.

Overview of your wishes in case of breakup or death

To discuss both situations separately.

Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.

What does NotaLegal do for you?

05 · GUIDANCE

We explain your current arrangement, compare relevant changes and make the consequences visible for each of you. The agreed terms are recorded in a notarial deed and entered in the required registers.

You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.

Know in advance what to expect.

06 · FEES

Statutory tariff where legally established

For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.

You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.

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Substantive background: notaris.be · Marriage Agreement

General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.

Frequently Asked Questions

FROM READING TO PREPARATION

Already a first answer.

Do I need to know already which deed I need?

No. Start from what you want to arrange. An existing deed, a draft or your own description helps us ask the right questions. The explanation on this page gives you a first idea of the possibilities; the concrete elaboration follows from your situation.

What can I prepare now?

Gather the documents mentioned on this page for preparation. Also note what you want to keep, who is involved and which date is relevant. If you do not yet have everything, mention what is missing at your appointment.

Can I first have a draft discussed?

You can submit your question about a draft before proceeding. Indicate if there is a response deadline and provide the complete version, including attachments. We will coordinate with you on the control and guidance you require.

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

FROM FIRST QUESTION TO NEXT STEP

You do not have to figure it out alone.

  1. Your intention

    We discuss what you wish to arrange and who will bear the consequences.

  2. From documents to agreements

    We examine the necessary information and explain the proposed text.

  3. Signing and follow-up

    You decide after explanation. We discuss the completion and where you can find your documents.

View my preparation

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