Breach of a formal relationship
In the past, people basically had two choices concerning the status of a relationship: you were either married or lived together informally. Nowadays most countries (including the Netherlands) also offer the possibility of entering in a registered or civil partnership. In the case of a breach of such formal relationships it is (in general) advisable to contact a specialised lawyer in order to dissolve the marriage/ partnership or end the informal relationship in an appropriate manner.
Expats who find themselves in such a situation, may be confronted with questions such as: which law is applicable in the dissolution of my relationship, is it possible and advisable to start the procedure in the Netherlands or in my home country? Often questions will also arise concerning which assets are community property, or whether or not those assets need to be financially and/or economically divided in case of a nuptial agreement, maintenance, etc.
Drafting and executing a last will
A notary plays an important role in drafting and executing a will. A will is needed in cases where a testator wishes to deviate from the statutory provisions on succession. A non-Dutch national who wishes to draw up a will in the Netherlands would be well-advised to consult with a Dutch notary.
When married in the Netherlands, (foreign) spouses have an automatic and general ‘community of property’. Assets and liabilities become a single whole. It is possible to avoid a statutory community of property by entering into a marriage settlement. A notary can also formalise an expat’s private relationship with a civil partnership contract.