Pierce Manhammer
Moderator
Again, it doesn't seem much different:Don't involve the Danish.
Amsterdam is in the Netherlands.
In the Netherlands, the division of assets during a divorce is guided by the marital regime under which the couple was married. There are mainly two regimes: community of property and prenuptial agreements.
- Community of Property: This is the default regime if no prenuptial agreement is made. Under this regime, all assets and debts acquired during the marriage are considered joint and are usually split 50/50 upon divorce. This includes salaries, properties, savings, and debts. However, inheritances and gifts can be exempted if they were explicitly meant to be for one spouse only.
- Prenuptial Agreement: If the couple entered into a prenuptial agreement, the division of assets will be based on the terms of that agreement. Prenuptial agreements in the Netherlands can be highly customized and may include clauses about how property, savings, debts, and even future inheritances will be handled during a divorce.
- Pension Rights: Pension rights are also considered in the division of assets. The value of the pension rights accrued by spouses during the marriage is typically divided equally.
- Business Ownership: If one spouse owns a business, its valuation and how it is treated in the divorce can be complex. The outcome depends on the marital regime and any agreements made before or during the marriage.
- Mediation or Court: Couples are encouraged to agree on the division of assets through mediation. If they cannot agree, the court will decide based on the marital regime and Dutch law.
- Changes in 2018: It's important to note that the laws regarding community property in the Netherlands changed in 2018. For marriages registered after January 1, 2018, only assets and debts acquired during the marriage are considered communal. Assets and debts owned by each individual before the marriage are excluded.