Prenuptial Agreements: Protect Your Assets

Questioner

I am married in community of property. I want to convert this into a prenuptial agreement. The reason is that there may be a lawsuit in the future at the time that I was married in community of property, which could affect our assets. Incidentally, there is nothing against me yet. By converting it now into a prenuptial agreement and putting the real estate in the name of my partner, do I thereby secure the real estate for possible claimants in the future?

Lawyer

Answer: You can realize the prenuptial agreement through a notary. A creditor who believes that he has been disadvantaged by this step can ask a judge to annul the legal act 'because it would concern a detrimental act (pauliana). Whether this is the case depends on the timing of the prenuptial agreement and the question of whether the detriment is plausible. Having a prenuptial agreement annulled for such a reason is a big step and at the very least it raises a threshold. So you can at least implement it. In any case, you will be stronger in any negotiations.