After the All You Need Is Love Christmas special, romance and love are in the air again. That same love and romance cause marriage vows to be reaffirmed during a relationship and new marriages to be entered into. There are also ex-partners who decide to marry again after a divorce. What are the legal consequences of remarrying?
By marrying or entering into a registered partnership, a legal community of property automatically arises. Before 1 January 2018, there was a general community of property (all assets and debts are jointly owned, including inheritances and gifts without exclusion clause). Since 1 January 2018 this has changed and when entering into a marriage or registered partnership a limited community of property arises (not all possessions, debts, gifts and inheritances are joint).
Getting married again
If you remarry, however, the consequences of the first marriage revive as if there had been no divorce if, in the meantime, you had not married someone else. (Article 1:166 of the Civil Code). The same applies to registered partners (Article 1:80f BW). The old marriage regime is as it were repaired and you do not have to do anything.
This repair can have undesirable consequences if you have not made this choice consciously. For example, if you remarry after 1 January 2018 but the first marriage took place before 1 January 2018, the regime that applied before 1 January 2018 will apply. If prior to or during the first marriage a prenuptial agreement was concluded, then the prenuptial agreement will revive.
If you do not want this, you will have to draw up a prenuptial agreement or partnership agreement. Be well informed about your possible options and contact the family law specialists of Bolder Advocaten.
Contact