Marriage Contract - Notarial Deed for Choosing Matrimonial Property Regime

Aug 23, 2026

Marriage contract explains how spouses can, either before or during marriage, make a notarial choice about their matrimonial property regime. It clarifies that entering a marriage contract is optional and that, absent one, the legal regime applies automatically. The text outlines why a contract can be useful even when choosing the legal regime, including the ability to deviate on compiling and distributing personal assets and common property. It also describes example clauses addressing surviving spouse protection, transferring personal assets to the community, retaining income as personal property, and documenting pre-marriage ownership.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages1

Reading Time3 min

AccessFree to download

Marriage contract basics

Optional nature and effect

Benefits compared with the automatic legal regime

Example provisions under the legal regime

Optional clause for the surviving spouse

Contribution of personal assets

Retention of income from personal assets

Proof of ownership of pre-marriage property

Review and amendment considerations

Marriage contract The marriage contract is a notarial deed in which, either prior to the wedding or during the wedding, spouses can make a choice about their matrimonial property regime. Spouses are not obliged to enter into a marriage contract. If a marriage contract is not entered into, the legal regime will automatically apply. Nevertheless, entering into a marriage contract-even when the legal regime is chosen-can be useful. After all, the legal way of compiling and distributing the spouses’ personal assets and the common property can be deviated from through the marriage contract. Possible provisions and clauses in the marriage contract for spouses married under the legal regime: a number of examples Optional clause An optional clause allows the surviving spouse to protect himself or herself, taking into account the actual (financial) situation at the time at which the first spouse dies. Decisions will not need to be taken until that time concerning the fate of the common property. The surviving spouse may, for example, decide to take on full ownership of the entire common property in full title, or only take on ownership of the movable property, or the immovable property, etc. the possibilities are endless. Contribution of personal assets It is possible to contribute personal assets to the matrimonial community of property. This may, for example, be useful for a building plot, owned by oneof the spouses, so that both spouses can build on this plot together in the future. After all, without this contribution, the house would continue to belong to the personal assets of one of the spouses, even if the other spouse partially financed construction of the house. Retention of income from personal assets In the legal regime, income from personal assets are part of the common property, consider rental income from an own home or the dividends from own shares. It can be incorporated into the marriage contract that these incomes are still part of the personal assets. Proof of ownership own property It can be incorporated into the marriage contract which property the spouses already had prior to the marriage, this can avoid any arguments at a later stage about who the owner is. Decision Drawing up a marriage contract is therefore a definite must! But even if you already have a marriage contract, it can still be useful to review this. Many older couples still have, for example, a‘surviving spouse takes all’ clause in their marriage contract; from a tax point of view, this can have avery adverse effect. This can always be amended by a civil-law notary. [of our specialists at contact@vdl.be](of our specialists at contact@vdl.be). [vandelanotte.be | contact@vdl.be](vandelanotte.be | contact@vdl.be) Contact your accountmanager or one

FAQs

Is a marriage contract mandatory?

No. Spouses are not obliged to enter into a marriage contract. Without one, the legal regime applies automatically.

Why can a marriage contract still be useful even when the legal regime is chosen?

A marriage contract can deviate from how spouses’ personal assets and common property are compiled and distributed, allowing tailored outcomes.

What does an optional clause for the surviving spouse do?

It lets the surviving spouse protect his or her position by deciding, based on the financial situation at the first spouse’s death, how common property is allocated (e.g., full ownership or limited categories).

How can pre-marriage ownership be handled in the contract?

The contract can specify which property spouses already had prior to the marriage, reducing disputes later about who the owner is.

Aug 23, 2026

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