Belgians are increasingly aware of the importance of the marriage contract, with a growing number of couples amending their existing agreements for legal and financial reasons.
The number of new marriage contracts being concluded remains relatively stable: just under 14,300 per year. However, adjustments to existing ones have been rising for several years, notary federation Fednot confirmed on Valentine's Day. This figure rose from 21,700 in 2018 to 26,460 by 2023.
"The increase in the number of modifications reflects the changing society, which includes newly composed families," Fednot spokesperson Carol Bohyn said.
This includes two divorced people who marry and have their own children with previous partners. "In these cases, there is a need for customisation."
Regional and age differences
The greatest number of contract adjustments were in Flanders, where 22,002 contracts were legally revised in 2023 compared to just 3,640 in Wallonia and 821 in Brussels.
Bohyn says that the striking difference between the north and south of the country can be explained by the fact that people in Flanders are more proactive in dealing with their family situation. With regard to age, it is predominantly older couples who are changing their contracts, mostly as part of their inheritance planning, to give their partner extra protection.
Younger couples that do adjust their marriage contract usually do so following the birth of their first child. "In this way, they want to protect themselves, but also their children," Bohyn explains.
Separating assets
Half of the couples who made changes to their legal contract last year did so to separate their assets. This procedure allows spouses keep their assets completely separate, as well as any debts and governance. A quarter opted for the separation of property with the addition of a limited community, in which couples still foresee a limited joint component such as agreements on a house or savings.
Those who marry without a marriage contract fall under the so-called legal community system, which applies to many married couples (more than 48,000 marriages were performed in 2022). This creates three assets: a joint asset and two separate assets which partners manage independently whilst jointly managing an estate, which can include income.
Bohyn advises careful consideration beforehand about which arrangement is the best fit. "With a marriage contract, you can deviate from the legal system. For example, you can agree in a contract whether the income is joint or not. Or suppose you already bought a house before you formed a couple: will this house then remain your personal property or will the house become part of the joint assets?"
She also highlighted the difference between marriage and legal cohabitation, stressing that getting married still offers couples the best protection.
