Marital property contract — form requirements and the notary's role

What is this contract?

A marital property contract is an agreement between spouses on how their property is divided during the marriage and when it ends. Without such an agreement, the statutory property regime the spouses chose when they married applies. The contract can change the property regime — for example by agreeing that each spouse's property stays separate, or by setting out what happens to a specific asset. The agreement concerns only the relationship between the spouses and cannot prejudice the rights of third parties.

What has to be agreed

• Clear identification of both spouses
• Which property regime is chosen or how the existing one is changed
• How property acquired during the marriage is treated
• How property acquired before the marriage is treated
• When the agreement takes effect

How it works at the notary

1. Book an appointment with a notary — both spouses must attend with an identity document.
2. Discuss which property regime you want and why — the notary explains which arrangements are consistent with the law.
3. The notary drafts and authenticates the contract and explains its consequences to both parties.
4. If necessary, an entry is made in the marital property register so that the agreement also applies to third parties.

Frequently asked questions