Community of property, separation of assets — which suits you? Compare the rules in Belgium, Netherlands and Luxembourg.
In Belgium, the default matrimonial regime is legal separation with community of acquisitions. In the Netherlands, since 2018, a limited community of property applies. In Luxembourg, full community of property is the default.
A prenuptial agreement at the notary allows you to deviate from these defaults. This is particularly important if you run a business, own property before marriage, or have children from a previous relationship.
• Community of property — everything is shared. Simple but risky for entrepreneurs. • Separation of property — each keeps what is theirs. Maximum protection. • Community of acquisitions — what you owned before marriage stays personal; what you acquire during marriage is shared. • Choice regime (NL) — modular system where you choose per asset category.
Legal cohabitation (Belgium) or registered partnership (Netherlands/Luxembourg) offers certain legal protections without marriage. But the rights are more limited — especially regarding inheritance and maintenance.
A notarial cohabitation agreement can fill the gaps.
Belgium: €400–€1,000. Netherlands: €400–€1,200. Luxembourg: €500–€900.
• Discuss whether a contract is needed before the wedding. • Review the contract when circumstances change (children, real estate, business). • In Belgium, changing matrimonial regimes has become simpler since 2018. • Always consider the tax implications — gifts and inheritances are taxed differently per regime.