In Belgium, the intricacies of marriage contracts have become increasingly vital to couples, prompting a surge in the modification of existing agreements for legal and financial reasons.
Notary federation Fednot confirmed this trend on Valentine’s Day, shedding light on the evolving dynamics within Belgian families.
While the number of new marriage contracts annually remains relatively steady at just under 14,300, adjustments to existing contracts have been on the rise, escalating from 21,700 in 2018 to 26,460 by the close of 2023.
Fednot spokesperson Carol Bohyn emphasized that this surge reflects societal changes, particularly in the realm of newly composed families.
Bohyn noted that the most significant disparities in contract modifications were observed between Flanders and Wallonia, with Flanders witnessing 22,002 adjustments in 2023 compared to merely 3,640 in Wallonia.
The disparity, she explained, underscores the proactive approach of individuals in Flanders towards addressing their familial circumstances.
Interestingly, it is primarily older couples who are opting to modify their contracts, often as part of inheritance planning, aiming to provide added protection for their partners.
Conversely, younger couples tend to make adjustments following the birth of their first child, demonstrating a desire to safeguard both themselves and their offspring.
The motivations behind these modifications vary, with half of the couples opting to separate their assets entirely. This approach ensures that each spouse maintains independent ownership of assets and liabilities.
Meanwhile, a quarter of couples opt for a nuanced arrangement, combining the separation of property with a limited community aspect, typically involving agreements on shared assets like a house or savings.
Marriage contracts offer a departure from the default legal system of joint assets for married couples, which applies to over 48,000 marriages annually in Belgium.
This legal system divides assets into a joint asset and two separate assets managed independently by partners, with shared management of an estate, including income.
Bohyn emphasized the importance of careful consideration before finalizing a marriage contract, stressing the significance of selecting the most suitable arrangement for each couple’s circumstances.
These considerations range from determining the treatment of income to addressing pre-existing assets like property acquired before marriage.
Importantly, Bohyn highlighted the distinction between marriage and legal cohabitation, emphasizing that marriage offers couples superior legal protection.
Despite the flexibility afforded by marriage contracts, Bohyn stressed the need for couples to deliberate extensively on their choices to ensure alignment with their long-term goals and preferences.
As Belgian couples navigate the complexities of modern family dynamics, the modification of marriage contracts emerges as a crucial tool for securing legal and financial clarity.
With a growing awareness of the significance of these contracts, Belgians are proactively reshaping their marital agreements to suit their evolving needs and aspirations.
This article was created using automation technology and was thoroughly edited and fact-checked by one of our editorial staff members
