Terug naar Encyclopedie

Customized Marital Agreements for Entrepreneurial Parties

Create marital agreements with a settlement clause or full separation for director-major shareholders (DGAs). Prevent disputes upon divorce through customized clauses.

1 min leestijd

Customized Marital Agreements for Entrepreneurial Parties

Entrepreneurial couples often opt for marital agreements with periodic settlement of asset growth (Article 1:141 of the Dutch Civil Code). This protects the contribution to the private limited company (BV) while dividing profit growth 50/50. Full separation of property excludes asset growth, ideal for high-risk startups.

Notarial drafting is mandatory; standard agreements cover director-major shareholder (DGA) pensions and goodwill. Tax linkage: the settlement clause activates Box 3 taxation on the surplus. In case of divorce: valuation of asset growth via an expert. Additional clauses regulate the residential property-BV and loans.

Practice: a hybrid model with a threshold amount prevents minor claims. Update upon BV growth or the birth of children. Advantages: dispute prevention and bank financing. Disadvantage: discussion regarding 'asset growth calculation'. Compare with registered partnership for flexible exit options.