Marriage contracts in the Netherlands and Denmark

Questioner

We live in Denmark, both have Dutch nationality and will soon be getting married in the Netherlands. We would like to draw up a prenuptial agreement. Danish law states that we must draw up and register this in the country where the man lives, Denmark. But what about the Netherlands? After all, we are getting married in a Dutch municipality, according to Dutch law. Are we married in community of property here? And is it relevant that people in the Netherlands know whether we are married in community of property or under prenuptial agreement as long as we live in Denmark and have our assets there?

Lawyer

Day, my question to you is; are you planning to continue living in Denmark because according to the Hague Matrimonial Property Convention Dutch law is/can apply (depending on how long you have been living in Denmark 5 years or more) then you must make a choice of law. Danish law works with the principle of country of residence and will not respect your choice if there is ever a conflict in Denmark, and or you still have real estate in the Netherlands, on the other hand, if you intend to move back to the Netherlands within a few years then making a choice for the Dutch legal system is the easiest. It is really advisable to get good advice from a specialized agency.

Questioner

Thanks for the quick response. We have been living in Denmark for 1 and 2.5 years now and intend to stay there for a longer period of time. We also have no real estate in the Netherlands. Our plan is therefore to draw up and register our marriage contract in Denmark. Should we now 1. make an active choice of law for Danish law in the Netherlands? 2. actively prevent our marriage from being seen as a community of property in the Netherlands? Or is the registration of our marriage contract in Denmark sufficient?

Lawyer

Day, I certainly advise you to also draw up conditions in the Netherlands and these can be translated with an apostille and become part of the marriage regime. If a problem arises in the Netherlands, the Dutch judge can respect your choice of law, but that is different in Denmark, so I advise you to also make a choice of law. (After all, one cannot look into the future)

Lawyer

Day, and additionally. It is certainly relevant in connection with the possible relationship you still have with the Dutch tax authorities?