Wondering if getting married is the best choice?
Broadly speaking, you can opt for three forms of cohabitation in Belgium: marriage, legal cohabitation or de facto cohabitation.
This choice has immediate consequences for your assets, your inheritance rights, etc. This applies to both civil law and tax law.
During a first introductory meeting, we will explain the difference between these three forms of cohabitation and the consequences for people and assets.
You are getting married, what now?
You have decided to tie the knot. Congratulations.
Did you know that a marriage not only has consequences for your person (cohabitation obligation, fidelity obligation, assistance and assistance obligation, etc.) but also your assets?
Fortunately, you are in control yourself.
That is, if you are well informed in advance.
If you marry in Belgium and you do not take any steps, you will automatically fall under the legal regime with regard to the matrimonial property consequences of the marriage. That is the system that the legislator automatically declares applicable to you. In that system there are three types of powers:
- the equity of one,
- the equity of the other
- and the common property.
This joint capital includes all income from work (including those you pay out from your company) and income from your own capital. There is a presumption of communion in this power. In short, everything you own, inherit or receive during the marriage is your own and everything else is common. You already have to take actions for it to be different.
However, you can refine this legal system by means of a marriage contract. This can be useful to avoid discussion about anything and everything. For example, you can include a list of goods that you consider to be your own. You can also determine that the income from your equity will still remain your own (the rent you receive from the apartment you inherited, the income from the securities portfolio that your father gave you, the dividends on your own shares, etc.). You can bring certain goods into the matrimonial community and thus avoid the aspect of compensation for transfer of assets. You can moderate the compensation for asset transfers, etc.
You can also opt for a different type of matrimonial property regime. For example, you can opt for a system of segregation of property in which everyone largely remains in charge of your own capital (because your income remains your own) and you only have to contribute to the family's expenses according to your ability. This can be interesting if you practice a high-risk profession and you fear that your potential creditors would see the community assets as interesting collateral. This system can also be adapted if you have a lot of family assets that generate income. Moreover, this system does not have to impoverish one of the spouses (who takes care of the children, does the household and has no or less income from work and therefore builds up less wealth). After all, this can be avoided by making so-called deductions to the system consisting of an added internal communal capital (you create a communal pot in which you place the goods and divide this pot according to your wishes), a settlement clause (you divide the marriage acquired as you wish) etc.
You hear the thunder in Cologne? Understandable. This applies to most of our clients.
Not to mention that what has been set out above is by no means exhaustive.
We would like to speak to you in order to inform you properly. We will take two hours to present you with all possible options and, together with you, to choose the matrimonial property regime that best suits your situation.
Are you already married?
Of course, you may have questions about your assets while you are already tied up. The firm's experts motivate their clients to regularly consider the matrimonial property aspects of marriage. After all, your personal situation can change (someone becomes ill, children come, someone puts work on the back burner, you move abroad, etc.).
Far too few people visit during the wedding. Really a missed opportunity. However, it is at these moments that our experts can still make adjustments. In the event of a divorce, our experts often have to establish that clients have not acted at all in accordance with the chosen system, with all the associated consequences (assets shifts that have not been documented, etc.). They did that because it was not adapted to their situation. However, a lot of suffering can be saved if clients would make the (usually small) effort to consider, among other things, the following questions:
- You are planning to make an investment and want to know the consequences in the event of death/divorce.
- You intend to invest your assets in the assets you have together or in the assets of the other.
- You and/or your spouse want to give to (grand)children and are wondering how this works and what the consequences are.
- You want to know what will happen to your assets if you divorce.
- You want to know what happens if you and your spouse move abroad.
- Do you want to protect the surviving spouse in the event of your death or do you just want to disinherit them?
- You want to know how much inheritance tax your heirs will pay if you or your spouse should die.
- You or your spouse is seriously ill and would like to transfer the assets to the heirs in an interesting way.
- You form a newly formed family and want to treat your stepchildren equally, or not at all.
- Your spouse is causing damage to your assets and you want to take steps?
- Your spouse squanders some of the assets through gambling, drugs, etc.
Are you considering getting a divorce?
Under current social views, there is no one who marries without taking into account a possible divorce. It's not romantic, we readily admit that, but realistically it certainly is.
We wouldn't wish it on anyone, but if you are faced with a marital breakup, you need guidance. Also on a legal level. We would dare to say: especially on a legal level. Our experts notice that clients recover emotionally faster from such a traumatic event when they are legally well informed.
Fortunately, justice is largely foreseeable. You just need to take action to know where you stand.
On the basis of your marriage contract (if you have one) and an overview of the assets, we can immediately inform you of all the consequences of a divorce in your case from the first introductory meeting.
After all, these consequences differ depending on the choices you made at the time.
We will set aside two hours to fully inform you about the consequences of a divorce for your person, your children and your assets.
We also pay attention to your emotion by giving you time and space. We follow your pace.
Because this is a lot of information, we will provide you with a short written summary after the introductory meeting. This way you can go through everything again at your leisure. That gives you peace of mind.
All this can be done very discreetly. Some clients come without their spouse's knowledge, others come together, the choice is yours. We adapt to your needs.
Are you concerned about the fate of your company?
Doing business with a partner or alone, it makes a big difference.
The chosen matrimonial property regime also has a direct impact on your company.
Our experts guide entrepreneurs on a daily basis. They can tell you right away whether your shares are proprietary, undivided or joint and who actually controls the company.
That is the first question you should ask yourself.
Every week, clients come and tell us that the shares are their property because their name is on the share register. However, this is not always the case. Sometimes the shares, at least their value, are a common good. Conversely, clients sometimes think that the shares, at least their value, are common, when in fact they are private property.
Doing business together can certainly be a good choice. It never hurts to join forces. However, if things go badly in the marriage, the company often finds itself in difficult waters. Sometimes actions at corporate law level are needed to untangle the tangle. That is why our experts also become proficient in this matter.
The demand for valuation of shares cycles continuously through our files. Certainly when one person wants to continue the company after the divorce, but the value of the shares belongs to both. Our experts can explain to you which valuation method is the right one for your company and put you in touch with the best accountants and auditors.
Where can you contact us?
Contact us for a no-obligation conversation!