If you are going to live together, the rules in both countries are not the same. Whereas in the Netherlands it is quite common to put down a number of things surrounding your cohabitation in a cohabitation agreement (and having such an agreement can even help with pension claims and saving Inheritance Tax), in the United Kingdom making a ‘cohabitation agreement ’ is not an obvious choice. Similar in both countries is that you have no automatic claims to each other’s assets during or at the end of cohabitation if you have not made any further agreements. If you are considering cohabitation in the Netherlands or in England, a good analysis of what you want and can arrange for each other is a must. We will be happy to assist you. Just get in touch.
As the Netherlands is a member of the European Union (EU), European rules apply to your marriage or registered partnership assets. The main rule is that the law applies of the country where the spouses have their first common habitual residence after the conclusion of the marriage or registered partnership.
The Netherlands
If you live in the Netherlands at the time of your marriage or registered partnership, by default everything you had before your marriage simply remains yours (unless it already was a joint asset such as, for example, a house – and the mortgage on it) and only what you acquire after you got married or registered as partners belongs to the two of you.
England & Wales
If you live in England or Wales and get married there? Then your marriage does not change how you and your partner own property; the law applicable to your matrimonial property is simply not an issue there. Getting married or entering into a registered partnership does not automatically make you the owner of each other’s belongings (and debts), but in case of divorce, the court may decide that you still have to share everything.
If you have questions about the legal consequences of cohabiting, getting married or registering as civil partners and want to find out what your options are? Just get in touch.
You can choose to deviate from these basic rules. In the Netherlands, this can be done through a marriage agreement that is drafted by a notary either before or during the marriage. In England, you can make arrangements before getting married via a ‘prenuptial agreement “ or during the marriage via a ‘postnuptial agreement’. It should be noted that these agreements may not carry the same weight as a marriage agreement made in the Netherlands. When drafting your marriage agreement in the Netherlands, the notary is your independent adviser. In England, you each need your own adviser.
