In brief
Division of assetsDistribution of wealth
The division of assets during divorce can be complex, especially in marriages or registered partnerships with various types of assets, debts, or agreements.
Joint property must be carefully divided. Since 2018, the limited community of property applies, meaning not all assets are automatically shared.
The way you separate — through negotiation, mediation, or court proceedings — affects the division.
A careful approach prevents disputes about joint assets, inheritances, or gifts with exclusion clauses.
The law requires division according to fairness: agreements must be made fairly and reasonably. The reference date, the moment when the value of assets is determined, also plays a crucial role.
Our attorneys help you clearly document all agreements to prevent misunderstandings about the value of your assets or the division of debts, housing, or pension.
Types of Asset Division
The way assets are divided depends on the matrimonial regime or type of relationship.
Complete Community of Property
Until January 1, 2018, virtually all assets and debts automatically fell under community property. Upon divorce, this joint property is, in principle, divided equally.
Limited Community of Property
For marriages after January 1, 2018, the new law applies: only assets acquired during marriage are shared. Inheritances and gifts with exclusion clauses remain personal property.
Prenuptial Agreements or Settlement Clauses
With prenuptial agreements, spouses can make different arrangements. Often, a periodic or final settlement clause applies, whereby assets accumulated during marriage are still settled.
Those who haven’t settled periodically may face substantial settlement requirements during divorce.
Complete Separation of Property
In case of complete separation of property, partners don’t share assets or income. However, agreements about contributions or settlements may still prove relevant later.
Registered partnership
Registered partners are largely subject to the same rules as married couples, unless otherwise specified.
Good understanding of these forms is essential for a fair and legally correct division.
Division of Assets and Debts
The division considers all assets and debts within joint property:
- Shared home: valuation, mortgage, and possible takeover or buyout of a partner.
- Household effects and personal belongings: distinction between joint and personally connected property.
- Savings, investments, and accounts: including foreign accounts and assets.
- Debts and loans: joint debts are divided; some debts remain private.
- Inheritances or gifts: usually private, unless agreed otherwise.
- Business or shares: valuation according to Civil Code, often with expert assistance.
A divorce settlement agreement ensures clear documentation.
The Supreme Court has repeatedly emphasized the importance of the correct reference date: it determines the value of assets at the time of division.
Reference Date and Asset Valuation
The reference date is when the value of assets and debts is determined.
This date can be: the day of actual separation, the date of the petition, or a mutually agreed moment.
Valuation is done at market value (value in economic transactions).
For homes, businesses, or shares, an appraisal may be necessary to ensure fair valuation.
Clear agreements about reference date and valuation in the divorce settlement prevent later discussions and contribute to a fair outcome.
Our Approach
A careful asset division requires structure and strategy. Our family law attorneys guide you through four clear steps:
- Asset inventory – mapping all assets, debts, and exceptions.
- Determining applicable law – essential in international situations or for expats.
- Analysis and calculation – valuation of joint assets, settlement clauses, and personally connected property.
- Documentation in settlement – legally correct agreements, possibly for court approval.
This creates peace of mind, clarity, and certainty, even in complex or international divorces.
Why Simmelink Advocaten
- Specialist in family law and international asset division
- Experience with businesses, foreign assets, and expats
- Clear strategy and personal guidance
- One dedicated lawyer and complete discretion
Frequently Asked Questions
In a divorce, joint property includes all assets and debts accumulated during marriage. This includes the shared home, savings, investments, and loans. Personal belongings, inheritances with exclusion clauses, or personally connected property usually don’t belong to joint property.
In complete community of property (applicable to marriages before 2018), almost everything falls under joint property. If you marry after 2018, limited community of property applies: assets acquired before marriage or received through inheritance or gifts remain private property in divorce.
Prenuptial agreements determine how assets are divided in divorce. Often, it’s specified that assets remain separate or that income is settled through periodic or final settlement clauses. These agreements guide the division of assets during divorce.
The reference date is the moment when the value of assets and debts is determined for the divorce. This can be the moment of actual separation or the day the divorce petition was filed. The reference date is crucial as the value of joint property can vary.
Joint debts are generally divided equally, unless specified otherwise in the prenuptial agreement. In some cases, debts remain private, for example, if a loan wasn’t taken for joint purposes.
Inheritances and gifts usually fall outside asset division in divorce, provided there’s an exclusion clause. When such a clause is absent, inheritances and gifts may be included in the division.
The value of the shared home is usually determined by an independent appraisal around the reference date. Then it’s agreed whether one partner takes over the home or if selling is the best option.
If one partner owns a business, this business will be valued, for example by an accountant or financial specialist. The business’s value is included in the total asset division.
All agreements about asset division, debts, and reference date are documented in a divorce settlement agreement or division deed. The court approves these agreements, after which the division becomes final.
The rules regarding community property, settlement, and valuation are complex. A specialized attorney or legal expert ensures agreements are fair and complete. This way, you achieve certainty in the division of assets after divorce.
About this Page
This page is prepared by Mr. C. Simmelink, attorney (international) family law and inheritance law at Simmelink Advocaten.
With over 20 years of experience in (international) family law, she/he guides clients in the Netherlands and abroad with calm, clarity, and strategy.
