Spouses and registered partners can make arrangements before and during the marriage. They can record those agreements in prenuptial or partnership agreements. It is an agreement between those entering into the agreement. Nevertheless, the agreements can also have consequences for others, the so-called third parties. Are those third parties bound by the arrangements made?
Third parties not bound
No, the third parties are not unreservedly bidden to the agreements. It follows from the law:
"Provisions in prenuptial agreements may be enforced against third parties who were unaware of them only if those provisions were registered in the public register of marital property, kept at the registry of the court within whose jurisdiction the marriage was performed, or, if the marriage was contracted outside of the Netherlands, at the registry of the District Court of The Hague."
Third parties must know or be able to know about the agreement. By entering the terms in the marital property register, third parties, for example, creditors, can gain knowledge. By knowing or being able to know, the agreements affect not only the mutual relationship between the spouses or registered partners but also others.
A registration is not mandatory. By not registering the terms, third parties who were unaware are not bound by the agreements. This can be annoying if the choice was made to deviate from the normal legal rules for marriage or registered partnership.
If you want to bind third parties, proceed with registration. Spouses and registered partners can request registration together or separately.
When the notary draws up conditions before or during the marriage or partnership, the notary will usually register these conditions in the matrimonial property register. This may involve costs
If you are getting divorced and this affects the marital property regime, registration of the petition for divorce may be desirable. This is the case, for example, if there was a full community of property during the marriage. Also after a legal separation there may be a need for registration in the marital property register. The (divorce) lawyer can register the request for divorce. There are usually no costs involved.
Purpose of the registry
The marital property register is a public register with the purpose of protecting third parties. Those third parties usually have fewer opportunities to hold the (ex-)spouses or (ex)partners liable for each other's debts due to the conditions or the divorce agreement. An extract of the registration can be requested online. Debtors cannot request the terms and conditions.