Matrimonial finances

It is in the interest of both of the parties living together to know their position and their right with respect to the law. There may be significant financial consequences for people living together when there is a change in their circumstances.

Marriage

  • The legal status of a married people is not affected by whether they were married with a civil or church ceremony.
  • As married people, each party has a duty to maintain the other person, and they have a mutual right of inheritance.
  • One partner in a marriage may not dispose of residential accommodation or accommodation that they use for business purposes, unless with the approval of the other partner.
  • Married people are not liable for each others' liabilities, unless a written approval is available. The exceptions to this are tax debts, household debts, the needs of children and rent.
  • The principle of the equal division of assets is applied in divorce cases, where the assets are divided equally between the parties, after the deduction of liabilities.
  • Married people can enter into a marriage contract or prenuptial agreement stipulating that certain valuables are the property of one or other of the partners (not matrimonial assets) and will therefore not be divided in divorce. It is advisable to draw up a marriage contract or prenuptial agreement with the aid of a legal counsel.

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