4.1. Do one or more matrimonial property registers exist in your country? Where?

The matrimonial property register is maintained at the clerk of court´s office. Marital agreements must be registered with the court that has territorial jurisdiction over the place where the marriage is solemnised. If the marriage is entered into outside of the Netherlands, then the marital agreement must be registered with the Clerk of the Court of The Hague.

4.2. Which documents are registered? Which information is registered?

A copy of the authentic instrument containing the marital agreement is recorded in the register.

4.3. How and by whom can the information in the register be accessed?

Anyone may inspect the register and can, in exchange for payment, obtain a copy of the marital agreement.

4.4. What are the legal effects of registration (validity, opposability)?

An agreement made during the marriage can be opposed to third parties in good faith 14 days after registration of the agreement in the register (see Art. 1:120 BW). Prenuptial agreements made before the solemnisation of the marriage and recorded in the register are opposable as of the date of the marriage.

4.5. Can a matrimonial contract concluded in a foreign state according to foreign law be registered in your country? If yes, under which conditions or formalities?

[This information is valuable in respect of third parties, see art. 28 of the European Regulation (EU) 2016/1103 of 24 June 2016. When a matrimonial contract is registered in your country it can be invoked against third parties. An interconnection of matrimonial property registers in Europe is not existing and therefor the registration of the matrimonial contract must be undertaken in all countries separately, where the spouses have property or conclude contracts. Only then the spouses can invoke their matrimonial contract against third parties in that country.]

In the Netherlands it is possible to register a matrimonial contract in the matrimonial register, which is made abroad. The registration is only possible if a sworn translation of the contract in the Dutch language is made. See for further information: www.rechtspraak.nl/Onderwerpen/Huwelijkse-voorwaarden/Paginas/default.aspx#0fd0ac53-1345-4066-9e40-d72759d188df0b09cc2d-b602-4d80-9a39-cb9270a262136.

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